A BILL to amend the Non-Governmental Organisations Act Cap. 20.59.
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the authority of the same as follows:
1. Short Title.
This Act may be cited as the Non-Governmental Organisations Act Cap. 20.59 (Amendment) Act, 2019.
In this Act, a reference to the expression, “Act”, means the
Non-Governmental Organisations Act Cap. 20.59.
3. Amendment of section 2 of the Act.
The Act is amended in section 2 by inserting in the correct alphabetical order, the following new definition:
“ “Financial Services Regulatory Commission Act” means the Financial Services Regulatory Commission Act Cap. 21.10;
“FSRC” means the Financial Services Regulatory Commission established pursuant to section 3 of the Financial Services Regulatory Commission Act”;”.
4. Amendment of section 3.
The Act is amended in section 3(4) by replacing paragraph (c) as follows:
“ (c) any other organisations that may be prescribed by the Minister on the advice of the FSRC.”
5. Amendment of section 6.
The Act is amended in section 6 as follows:
(a) by replacing subsection (1) as follows:
“ (1) Subject to the provisions of section 4(b) and (c), every NGO shall be registered pursuant to the provisions of this Act.”;
(b) in subsection (2), by inserting in paragraph (e) the expression, “including beneficial ownership information;”
and by inserting a new paragraph (g) as follows:
“ (g) any other relevant documents or particulars that may be requested by the Registrar.”.
6. Amendment of section 7.
The Act is amended in section 7 by replacing that section as follows:
“ 7. Application Fee.
The application to be registered as an NGO shall be accompanied by an application fee as prescribed by the Minister in Regulations.”.
7. Amendment of section 8.
The Act is amended in section 8(2)(c) by
(a) inserting the expression, “financing” immediately following the expression, “terrorist”.
(b) replacing subsection (4) as follows:
“Any NGO, or a member or officer thereof aggrieved by the Registrar’s decision under subsection (2), may appeal to the FSRC.”.
8. Amendment of section 9.
The Act is amended in section 9 by replacing it as follows:
“ 9. Coordination Between NGOs and the Government.
The Minister shall be responsible for prescribing in Regulations, any special requirements pertaining to establishment of procedures for consultation and coordination between NGOs and Government.”.
9. Amendment of section 17.
The Act is amended in section 17 by replacing the section as follows:
“ 17. Role of FSRC.
(1) Subject to section 18 and the provisions of the Financial Services Regulatory Commission Act, an NGO that is registered under this Act shall be subject to the jurisdiction and powers of the FSRC including the following:
(a) the oversight function of the FSRC as the ultimate regulatory body for financial services and for anti-money laundering activities within the Federation;
(b) maintenance by the FSRC of a general review of the operations of all regulated entities;
(c) monitoring of compliance by regulated persons with the Proceeds of Crime Act, the Anti-Terrorism Act and such other Acts, regulations, codes or guidelines relating to money laundering or the financing of terrorism;
(d) authorisation of the FSRC to examine the affairs or business of a regulated entity for the purpose of satisfying itself that the relevant provisions of the FSRC Act and related
enactments are being complied with, that a regulated entity is in a sound financial position and is managing its business in a prudent manner;
(e) assist any authorised authority in the investigation of any offence against the Laws of Saint Christopher and Nevis which it has reasonable grounds to believe has or may have been committed by a regulated entity; and cooperate with the Financial Intelligence Unit in the supervision of a regulated entity.
(2) Pursuant to the provisions of subsection (1), an NGO shall make available its premises and relevant records to the inspection of the FSRC when requested.”.
A. MICHAEL PERKINS
Passed by the National Assembly this day of , 2019.
Clerk of the National Assembly