NATIONAL DRUGS ENFORCEMENT AGENCY ACT, 2008

Arrangement of Sections

1. Short title and interpretation.

2. Establishment and objectives of the NDEA.

3. Function of the NDEA.

4. Conferral of additional functions of the NDEA.

5. Powers of the President.

6. Reports.

7. Immunity.

8. Non disclosure of audit information.

9. Powers of the NDEA.

10. Disclosure of reports or information upon approval.

11. Agreements on exchange of information.

12. Appointment of Chief Officer, Deputy Chief Officer and Acting Chief Officer.

13. Appointment of NDEA agent.

14. Funds of the NDEA.

15. Anonymity.

16. Offences.

17. Penalties.

20 of 2008.

SI 68 of 2008.

AN ACT to establish the National Drugs Enforcement Agency, to lead, manage and implement the national effort to combat drug offences and related crimes, to make provisions for the functions, powers and duties of the Agency and to provide for related matters.

[Date of commencement: 15th September 2008]

1. Short title and interpretation.

(1) This Act may be cited as the National Drugs Enforcement Agency Act, 2008.

(2) In this Act—

"Acting Chief Officer" means the person appointed under section 12(8);

"benefit from criminal conduct" mean any money or property that is derived, obtained or realised, directly or indirectly, by any person from criminal conduct;

"cash" has the meaning set out in the Anti-Money Laundering Act, 2006;

"Central Bank" means the Central Bank of Seychelles;

"Commissioner" means the Commissioner of Police;

"Chief Officer" means the person appointed under section 12(1);

"Court" means the Supreme Court of Seychelles;

"Court of Appeal" means the Court of Appeal of Seychelles;

"criminal conduct" shall have the meaning set out in the Anti-Money Laundering Act, 2006;

"data" means representations in any form of information or concepts;

"Deputy Chief Officer" means the person appointed under section 12(2);

"drug offence" means—

(a) any offence contrary to the Misuse of Drugs Act, 1995 and where the context so permits or requires includes—

(i) any offence contrary to any act connected to or related to any such offence either generally or during an investigation or any court proceedings arising during or from such investigation; and

(ii) the offence of money laundering where that offence relates wholly or partly, directly or indirectly to the proceeds of drug trafficking; and

(b) any act, whether in the Republic or elsewhere and whether before or after the commencement or the relevant provisions of this Act, in relation to property obtained, whether directly or indirectly, from anything done in relation to a controlled drug, that amounts to an offence contrary to the Anti-Money Laundering Act, 2006 or, in the case of an act done in a country or territory outside the Republic, would amount or have amounted to such an offence if done in corresponding circumstances in the Republic;

"F.I.U" means the Financial Intelligence and Assets Recovery Unit as established under the Anti-Money Laundering Act, 2006;

"law enforcement agency" means the government department under the Commissioner of Police or the Director General of Immigration and includes the Seychelles Revenue Commission;

"member of the family", in relation to an individual who is an NDEA agent, means the spouse, parent, grandparent, step-parent, child (including a step-child or an adopted child), grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece of the individual or of the individuals spouse, or any person who is cohabiting or residing with the individual;

"member of the police" means a police officer;

"Minister" means the Minister responsible for internal affairs;

"NDEA" means the National Drugs Enforcement Agency established under section 2;

"NDEA agent" means a person appointed as such under section 13;

"police function" means any power or duty conferred on any member of the police under any Act (including an act passed after the passing of this Act) or the common law;

"proceedings" include any hearing before any court, tribunal, commission or any committee of the government or appointed by the government;

"property" includes—

(a) money and all property, real or personal, heritable or move able, including chooses in action and other intangible or incorporeal property and references to property shall be construed as including references to any interest in property; and

(b) property outside the Republic where by virtue of its domestic jurisdiction generally, in rem or in personam or by virtue of an arrangement with any other country or territory, the Court might be in a position to enforce, and/or secure compliance with any order it might make or otherwise exercise jurisdiction in relation to that property;

"regulatory agency" means any statutory agency set up and regulated by an Act in the Republic;

"reporting entity" has the meaning set out in section 2 of the Anti-Money Laundering Act, 2006;

"suspicious transactions report" means a report made or to be made by a reporting entity under the Anti-Money Laundering Act, 2006;

2. Establishment and objectives of the NDEA.

(1) There is hereby established an agency to be known as the National Drugs Enforcement Agency to be called shortly the "NDEA".

(2) Subject to the provisions of this Act, the objectives of the NDEA shall be the taking of all appropriate actions to lead, manage, coordinate and implement the national effort of the Republic to combat drug offences.

3. Function of the NDEA.

Without prejudice to the generality of subsection (2), the functions of the NDEA, operating through its NDEA agents and such other persons as the Chief Officer or the Deputy Chief Officer with the consent of the President, shall from time to time decide, shall be the taking of all necessary actions—

(a) to co-ordinate investigations into drug offences;

(b) to achieve effective deterrence and prevention of drugs offences;

(c) to co-ordinate the national operational response to drug offences;

(d) to commence, take over, direct or take part in any investigation or operation by any law enforcement or other agency, other than the FIU, that relates wholly or partly to drug offences or any part thereof,

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