Proceeds of Crime

"Vanuatu enacted its proceeds of crime law in 2002. The act is called Proceeds of Crime Act 2002. It has several amendments, Proceeds of Crime (Amendment) Act 2005, Proceeds of Crime (Amendment) Act 2012, Proceeds of Crime (Amendment) Act 2014, and Proceeds of Crime (Amendment) Act 2017. The act is subject to amendments should it need be"
 

Section 5 of the original act defines:

  • (1) In this Act proceeds of crime means property derived or realised directly or indirectly from a serious offence, including:
  • (a) property into which any property derived or realised directly from the offence is later successively converted or transformed; and
  • (b) income, capital or other economic gains derived or realised from that property since the offence.
  • (2) If property that is proceeds of crime (the original proceeds) is intermingled with other property from which it cannot readily be separated, that proportion of the whole represented by the original proceeds is taken to be proceeds of crime’.

The purpose of the act is to provide for the confiscation of proceeds of crime, and for related purposes. Primarily, this act governs offences and all matters pertaining to proceeds of crime.

Depending on circumstances of a case, other legislations may works together with the Proceeds of Crime Act in terms of enforcing this act. These common legislations are: the Penal Code Cap 135, the Criminal Procedure Code Cap 136 and the ,b>Civil Procedure Rules No. 49 of 2002.

 

Role of the Office of the Public Prosecutor (OPP)

The Office of the Public Prosecutor takes primary role in implementing the Proceeds of Crime Act. It works closely with other Vanuatu Law Enforcement Agencies to ensure compliance and enforcement of this act.

Since the recent amendment of Proceeds of Crime Act in 2017, it empowered the Public Prosecutor and prosecutors to appear in civil courts rather than the State counsels from the Office of the Attorney General. This is confine to civil applications for restraining and forfeiture of proceeds and instruments of crime.

 

Central Authority

The Office of the Public Prosecutor is the central authority. For any question relating to Proceeds of Crimes, do not hesitate to contact us on the following address:
The Public Prosecutor:
Office of the Public Prosecutions. Rue De Queiros, Port Vila,Vanuatu
Telephone : (678) 22271
Facsimile : (678) 26168
Private Mail Bag 9035
Rue De Queiros, Port Vila, Vanuatu