Camella Rhone, executive director of the Bureau of Standards, says to ensure market access local companies have to match quality standards to global benchmarks- File

With quality assurance standards increasingly a requirement for overseas market access, the Bureau of Standards Jamaica (BSJ) is pressing businesses to take certification more seriously.

Working through the National Certification Body of Jamaica (NCBJ), the standards agency has implemented the National Quality Infrastructure (NQI) project, funded in part by a grant from Sweden.

The aim is to create a national accreditation body, and alert especially the food manufacturing sector to the importance of adapting global standards Further, applications for recovery orders may only proceed with the court's permission where there are insolvency proceedings in progress that relate to a company's property.

The agency is also prohibited from starting proceedings for a recovery order unless it reasonably believes that the aggregate value of the property is more than $250,000.

Retrieving property

Where there are reasonable grounds for suspecting that there is cash exceeding the financial threshold on a person or on a property, the act permits an authorised officer to conduct searches of the person or property.

Where a search uncovers cash, it may be seized and detained initially up to 72 hours.

This detention period may be extended by order of a Resident Magistrate (RM) for up to three months on a first order.

The RM may further extend the detention period for up to two years.

Forfeited cash is paid into the Consolidated Fund, along with any accrued interest, unless there is a pending appeal.

Note also that a party aggrieved by a forfeiture order may appeal the forfeiture.

If no forfeiture order is made in respect of detained cash, the person to whom the cash belongs or from whom the cash was seized may apply to a Resident Magistrate's Court for interest on the detained cash.

Civil standard of proof

Since the purpose of the civil suit is to determine the extent to which a person has benefited from crime and to determine what can be forfeited, the civil standard of proof, that is, on a balance of probabilities, is employed.

This standard eases the evidential burden of the prosecution.

The first question for determination of the court is whether a benefit has been derived from criminal conduct by the party sued.

The act also allows a lengthy 12-year period for bringing proceedings as of the date when the Agency's cause of action accrues.

The legislation is far reaching as recovery orders can be made with respect to any interest in recoverable property and any interest in realty or part of realty acquired with the proceeds of crime.

This act has implications for banks and other financial institutions who take deposits from members of the public. Recovery orders can be made to disgorge deposits paid into them.

It, therefore, underscores the need for personal character references for new bank customers, being aware of unusual banking activities of existing customers and the enforcement and observation of rigorous safe banking practices and procedures by banks and other financial institutions.

Teri-Ann A. Lawson is an attorney with the law firm DunnCox, Kingston. Email: teri-ann.lawson@dunncox.com.

TAKEN FROM THE FINANCIAL GLEANER, FRIDAY, OCTOBER 19, 2007