(1)Subject to subsection (3) below, a person is guilty of an offence if he enters into or is otherwise concerned in an arrangement whereby—
(a)the retention or control by or on behalf of another person (call him “A”) of A’s proceeds of drug trafficking is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise), or
(b)A’s proceeds of drug trafficking—
(i)are used to secure that funds are placed at A’s disposal, or
(ii)are used for A’s benefit to acquire property by way of investment,
and he knows or suspects that A is a person who carries on or has carried on drug trafficking or has benefited from drug trafficking.
(2)In this section, references to any person’s proceeds of drug trafficking include a reference to any property which in whole or in part directly or indirectly represented in his hands his proceeds of drug trafficking.
(3)Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with drug trafficking, or discloses to a constable any matter on which such a suspicion or belief is based—
(a)the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and
(b)if he does any act in contravention of subsection (1) above and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if—
(i)the disclosure is made before he does the act concerned and the act is done with the consent of the constable; or
(ii)the disclosure is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it.
(4)In proceedings against a person for an offence under this section, it is a defence to prove—
(a)that he did not know or suspect that the arrangement related to any person’s proceeds of drug trafficking;
(b)that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1)(b) above; or
(c)that—
(i)he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement, but
(ii)there is reasonable excuse for his failure to make any such disclosure in the manner mentioned in paragraph (b)(i) or (ii) of that subsection.
(5)In the case of a person who was in employment at the time in question, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.