Law of 13 October 2016 Amending the Law of 11 November 2013 on Money Laundering and Terrorist Financing

The law of 13 October 2016 amending the law of 11 November 2013 that sanctions money laundering and terrorist financing, published in Le Moniteur, 171st year, Special No. 15.

Its recitals state three grounds: that the anti-laundering apparatus had to be strengthened to mitigate the risks run by the banking and financial system and to keep it from being used by criminals and their accomplices; that the 2013 law had to be adapted to the international conventions Haiti has ratified and its identified shortcomings remedied; and that the gains had to be preserved with additional measures for effective implementation.

Article 1 rewrites the definition of funds in Article 4 of the 2013 law to cover corporeal and incorporeal, movable and immovable, tangible and intangible property acquired by any means, including legal documents in electronic or digital form, bank credits, travellers' cheques, shares, securities, bonds, drafts and letters of credit, and the income they generate. Article 2 rewrites Article 6 on terrorist financing, making the offence complete whether or not the terrorist act occurs and whether or not the use of the funds can be determined, and making terrorist financing a predicate offence for laundering. Article 3 rewrites Article 8 on when the origin of capital is illicit.

It is the middle layer of a three-instrument chain: the 2013 law, this amendment, and the decree of 30 April 2023 that now governs.