All provisions · AML/CFT Regulations 2020 · Part Vii: Appeals board
r.20 Form, manner and fee for filing an appeal before the Appeals Board
(1) Any person aggrieved by the decision of a supervisory authority may within 30 days of the delivery of the decision, make an appeal against the said decision, to the Appeals Board in the Form of a memorandum of appeal specified in Schedule 2 to these regulations, before an officer of the Ministry of Finance as may be designated by that Ministry.
(2) An appeal under sub-regulation (1) shall be accompanied by—
(a) a fee of SCRl,000; and
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(b) a copy of the decision of the supervisory authority against which the appeal has been filed.
(3) The Secretary of the Appeals Board shall enter the particulars of the appeal received under sub-regulation (1) in the register maintained for the said purpose.
(4) The memorandum of appeal submitted under sub-regulation (1) shall state—
(a) the name, address and contact information of the appellant;
(b) the name, address and contact information of the appellant’s legal representative, if any;
(c) the address for service in Seychelles;
(d) the name of the supervisory authority whose decision has been appealed;
(e) a brief statement of the facts and dates necessary for the decision of the Appeals Board;
(f)
a summary of the grounds on which appeal has been preferred;
(g) the relief sought by the appellant and whether an order is sought; and
(h) a copy of the determination, direction, decision, sanction or remedy of the supervisory authority.
(5) The memorandum of appeal shall be signed by the appellant or the authorised legal representative.
(6) Where the appellant is a body corporate, the memorandum of appeal shall be signed by any director or other officer or a legal representative authorised by it, to do so.
(7) Where the appellant is a partnership, the memorandum of appeal shall be signed by one of the partners or its legal representative authorised by the partners, to do so.
(8) The appellant may, at any time with the permission of the Appeals Board amend the memorandum of appeal on an application submitted to the Appeals Board in writing giving the details of the amendments proposed in the memorandum of appeal.
(9) The Appeals Board shall not grant permission under sub-regulation (8), where the appellant proposes a new ground for contesting the decision unless—
(a) the ground is based on matters of law or fact which have come to light after the appeal was filed;
(b) it was not practicable at the time of filing the appeal, to include that ground in the memorandum of appeal;
(c) it is reasonable in the circumstances to allow the amendment; and
(d) the request to amend the memorandum of appeal is made as soon as reasonably practicable after the relevant matter of law or fact have been identified by the appellant.
(10) An appeal against the decision of the supervisory authority shall not be construed as a suspension of the decision of the supervisory authority unless otherwise directed by the Appeals Board.
(11) On receiving the memorandum of appeal, the Appeals Board shall as soon as reasonably practicable—
(a) send an acknowledgement of the receipt to the appellant; and
(b) serve a copy of the memorandum of appeal to the relevant supervisory authority.
(12) Where the Appeals Board considers that the memorandum of appeal is materially incomplete or lacking in clarity, the Appeals Board may issue such orders, as may be necessary for the admission of the appeal.
(13) Where the appellant has not remedied the defect pursuant to an order under subregulation (12), the Appeals Board may dismiss the appeal with or without an order for costs.
(14) The Appeals Board shall proceed to hear the appeal on such date and time as the Appeals Board may determine, from the date of submission of the documents by the parties to the appeal.
(15) All the documents filed with the Appeals Board, except exhibits and forms supplied by the Committee, shall be printed or typewritten on one side only of plain white paper measuring eight and one-half by eleven inches with adequate margins and shall be clearly legible, and signed by the party or their legal practitioner.
(16) No document, including letters or other writings, shall be filed by a party with the Appeals Board unless service of a copy thereof is made on all parties together with the filing of proof of service.
(17) The Appeals Board, before making any order, shall give the appellant an opportunity to be heard and to produce the relevant documents, the appellant wishes to produce.
(18) The Appeals Board shall, at the request of the appellant, supervisory authority or on its own motion, summon any witnesses to give evidence or produce documents.
(19) The Appeals Board shall—
(a) duly consider the written decision of the supervisory authority and any other document that forms part of the record of appeal; and
(b) advise the party to the proceedings of their right to be represented by a legal practitioner of their choice.
(20) Where the legal practitioner representing the party to the proceedings fails to attend the proceedings before the Appeals Board, the Appeals Board may proceed in their absence.
(21) The appellant may by written notice to the Appeals Board withdraw an appeal.
(22) Save as otherwise provided, the practice and procedure before the Appeals Board shall be as informal as possible, to the end that a final determination of the matter before it may be promptly reached and as far as practicable, conform to the practice and procedure of the Supreme Court.
(23) Where two or more appeals have been made in respect of the same subject matter or which involve the same or similar facts, the Appeals Board may order that the appeals or any particular issue or matter raised in the appeals be consolidated or heard together, and—
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(a) before making an order under this sub-regulation, the appellants and the supervisory authority shall be invited to make representations in writing or orally on the consolidation of the proceedings;
(b) the Secretary shall as soon as practicable, notify the appellants and the supervisory authority of any order consolidating the proceedings.
(24) Hearing of the appeal may be adjourned by the Appeals Board of its own motion or where it is shown to the satisfaction of the Appeals Board that the adjournment is required to, inter alia, permit a thorough hearing to be held or to allow the party to be represented.
(25) An appeal against the decision of the Appeals Board shall not operate as a suspension of the decision of the Appeals Board unless otherwise directed by the Supreme Court.
(2) An appeal under sub-regulation (1) shall be accompanied by—
(a) a fee of SCRl,000; and
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(b) a copy of the decision of the supervisory authority against which the appeal has been filed.
(3) The Secretary of the Appeals Board shall enter the particulars of the appeal received under sub-regulation (1) in the register maintained for the said purpose.
(4) The memorandum of appeal submitted under sub-regulation (1) shall state—
(a) the name, address and contact information of the appellant;
(b) the name, address and contact information of the appellant’s legal representative, if any;
(c) the address for service in Seychelles;
(d) the name of the supervisory authority whose decision has been appealed;
(e) a brief statement of the facts and dates necessary for the decision of the Appeals Board;
(f)
a summary of the grounds on which appeal has been preferred;
(g) the relief sought by the appellant and whether an order is sought; and
(h) a copy of the determination, direction, decision, sanction or remedy of the supervisory authority.
(5) The memorandum of appeal shall be signed by the appellant or the authorised legal representative.
(6) Where the appellant is a body corporate, the memorandum of appeal shall be signed by any director or other officer or a legal representative authorised by it, to do so.
(7) Where the appellant is a partnership, the memorandum of appeal shall be signed by one of the partners or its legal representative authorised by the partners, to do so.
(8) The appellant may, at any time with the permission of the Appeals Board amend the memorandum of appeal on an application submitted to the Appeals Board in writing giving the details of the amendments proposed in the memorandum of appeal.
(9) The Appeals Board shall not grant permission under sub-regulation (8), where the appellant proposes a new ground for contesting the decision unless—
(a) the ground is based on matters of law or fact which have come to light after the appeal was filed;
(b) it was not practicable at the time of filing the appeal, to include that ground in the memorandum of appeal;
(c) it is reasonable in the circumstances to allow the amendment; and
(d) the request to amend the memorandum of appeal is made as soon as reasonably practicable after the relevant matter of law or fact have been identified by the appellant.
(10) An appeal against the decision of the supervisory authority shall not be construed as a suspension of the decision of the supervisory authority unless otherwise directed by the Appeals Board.
(11) On receiving the memorandum of appeal, the Appeals Board shall as soon as reasonably practicable—
(a) send an acknowledgement of the receipt to the appellant; and
(b) serve a copy of the memorandum of appeal to the relevant supervisory authority.
(12) Where the Appeals Board considers that the memorandum of appeal is materially incomplete or lacking in clarity, the Appeals Board may issue such orders, as may be necessary for the admission of the appeal.
(13) Where the appellant has not remedied the defect pursuant to an order under subregulation (12), the Appeals Board may dismiss the appeal with or without an order for costs.
(14) The Appeals Board shall proceed to hear the appeal on such date and time as the Appeals Board may determine, from the date of submission of the documents by the parties to the appeal.
(15) All the documents filed with the Appeals Board, except exhibits and forms supplied by the Committee, shall be printed or typewritten on one side only of plain white paper measuring eight and one-half by eleven inches with adequate margins and shall be clearly legible, and signed by the party or their legal practitioner.
(16) No document, including letters or other writings, shall be filed by a party with the Appeals Board unless service of a copy thereof is made on all parties together with the filing of proof of service.
(17) The Appeals Board, before making any order, shall give the appellant an opportunity to be heard and to produce the relevant documents, the appellant wishes to produce.
(18) The Appeals Board shall, at the request of the appellant, supervisory authority or on its own motion, summon any witnesses to give evidence or produce documents.
(19) The Appeals Board shall—
(a) duly consider the written decision of the supervisory authority and any other document that forms part of the record of appeal; and
(b) advise the party to the proceedings of their right to be represented by a legal practitioner of their choice.
(20) Where the legal practitioner representing the party to the proceedings fails to attend the proceedings before the Appeals Board, the Appeals Board may proceed in their absence.
(21) The appellant may by written notice to the Appeals Board withdraw an appeal.
(22) Save as otherwise provided, the practice and procedure before the Appeals Board shall be as informal as possible, to the end that a final determination of the matter before it may be promptly reached and as far as practicable, conform to the practice and procedure of the Supreme Court.
(23) Where two or more appeals have been made in respect of the same subject matter or which involve the same or similar facts, the Appeals Board may order that the appeals or any particular issue or matter raised in the appeals be consolidated or heard together, and—
CAP. 251-1 23
(a) before making an order under this sub-regulation, the appellants and the supervisory authority shall be invited to make representations in writing or orally on the consolidation of the proceedings;
(b) the Secretary shall as soon as practicable, notify the appellants and the supervisory authority of any order consolidating the proceedings.
(24) Hearing of the appeal may be adjourned by the Appeals Board of its own motion or where it is shown to the satisfaction of the Appeals Board that the adjournment is required to, inter alia, permit a thorough hearing to be held or to allow the party to be represented.
(25) An appeal against the decision of the Appeals Board shall not operate as a suspension of the decision of the Appeals Board unless otherwise directed by the Supreme Court.
Official source: Anti-Money Laundering and Countering the Financing of Terrorism Regulations, 2020 (S.I. 108 of 2020), Revised Edition as at 17 January 2025 (S.I.s 108 of 2020, 139 of 2020, 156 of 2020, 6 of 2022, 67 of 2024)
