The Head of the Reporting Center is in charge of the daily operations. The Head is responsible for the policy and strategic
direction of the organization, planning and management oversight,
communication andpress liason, as well as overseeing special projects that might be initiated from time to time.
The appointment, suspension and removal of the Head and the other personnel of the Reporting Center take place,
having heard the Guidance Committee, by a council resolution on the motion of the Minister of Finance in agreement
with the Minister of Justice. The Reporting Center consists of four departments: Legal, Policy and Liason department;
Analysis, Monitoring and IT department; and the Administration and Support services department.
Supervisory Department for the DNBPs is in the process of being established FIU Sint Maarten.
One of the recent amendments in the National Ordinance Reporting Unusual Transactions regards
the inclusion of the designated non-financial businesses and professions under the rule of the law.
The Reporting Center has been indicated to act as supervisory authority for these new reporting entities.
FIU-Sint Maarten's objective
FIU-Sint Maarten's objective is to contribute, on a national and international level, to improving the quality
of investigation and prosecution and to prevent and combat crime, in particular, crimes pertaining to money
laundering and the financing of terrorism.
To achieve this object, FIU-Sint Maarten operates by providing, within the scope of the prevailing legislation and
regulations, collected, registered, processed and analysed “transaction” data and expertise to (Special) Investigation,
Intelligence and Security Services in the Sint Maarten and abroad.
FIU-Sint Maarten defines money laundering as:
“Taking (or have taken) any action by means of which an increase of capital that is withheld from the law is given
an apparently legal source. The object of money laundering is to conceal the source of money.”
The following three money-laundering provisions have been in force :
Money laundering is punishable by law. The suspect should know at the time of the act that the object
he is concealing or disguising is the proceeds of crime. Conditional intent is sufficient in regard to this knowledge.
The terms “hide” and “conceal” used in the definition of the crime also imply intent. In this case too, conditional intent is sufficient.
Intentional money laundering is the generalized regulation of the specific regulation on habitual money laundering that is
punishable. A person is guilty of habitual money laundering if he repeatedly commits intentional money laundering.
Finally, there is also a variety of money laundering that pertains to debt. In this last case, it must be proved that the suspect
could reasonably suspect that the object might be the proceeds of crime. Intent as regards the actions taken by the suspect for
money laundering must also be proved, and conditional intent is considered sufficient in this matter: to be wittingly exposed to
the chances, that can by no means be dismissed as imaginary, that this person conceals, disguises, etc. something by his actions.