The Ministry of Energy, Business Development and Consumer Affairs, through its Business Compliance Division, is responsible for the administration and oversight of Beneficial Ownership (BO) reporting obligations. The Enforcement function of the Beneficial Ownership Unit is responsible for applying administrative sanctions and remedial actions for breaches of BO legislation, consistent with national AML/CFT obligations and international transparency standards.
Objective of the Assignment
The objective of this assignment is to establish and operationalise a robust and effective Enforcement Section within the Beneficial Ownership Unit, while overseeing the lawful, proportionate, and timely application of enforcement measures for non-compliance with Beneficial Ownership reporting obligations. The assignment aims to ensure that enforcement actions are consistent, evidence-based, and supported by clear procedures and systems, and that they contribute to effective compliance, deterrence, and the overall integrity of the Beneficial Ownership framework, in accordance with national legislation and international best practices.
Scope of Services
A. Establishment and Operationalisation of the Enforcement Section
- Enforcement Section Set-Up and Operational Framework: Design and implement the Enforcement Section's operational framework, including internal workflows, decision-making processes, escalation pathways, and reporting arrangements; define and document enforcement thresholds, sanctioning pathways, and referral criteria for matters arising from the Compliance and Verification Sections; develop an implementation roadmap to transition the Enforcement Section into a fully functional and sustainable enforcement function.
- Legal, Procedural, and Systems Alignment: Work closely with the Legal Consultant, Unit and ICT Lead to ensure enforcement processes are fully aligned with enabling legislation, regulations, and principles of procedural fairness; provide operational input into the Beneficial Ownership portal and related systems to support enforcement case management, audit trails, sanction tracking, and reporting; participate in the design, testing, and refinement of enforcement-related system functionalities.
- Development and Documentation of SOPs: Develop, document, and maintain Standard Operating Procedures for all Enforcement Section activities, including intake and assessment of enforcement referrals; determination and application of administrative sanctions and remedial measures; issuance of enforcement notices, penalty letters, and corrective directives; recordkeeping, audit trails, and case management; coordination with legal and appeals processes; confidentiality and information security safeguards. SOPs must reflect proportionality, consistency, transparency, and legal defensibility.
- Training, Capacity Building, and Knowledge Transfer: Design and deliver targeted training programmes for Enforcement Section staff on enforcement powers, administrative sanctioning, evidentiary standards, procedural fairness, and documentation requirements; provide guidance to Compliance and Verification staff on enforcement thresholds and referral standards; establish reference materials, guidance notes, and enforcement manuals to support consistency and institutional knowledge retention; prepare handover and transition documentation to ensure continuity beyond the consultancy period.
B. Execution of Enforcement Functions
- Lead and manage enforcement activities arising from non-compliance with Beneficial Ownership reporting obligations.
- Review enforcement referrals and assess the sufficiency of evidence of statutory breaches.
- Determine, recommend, and document appropriate enforcement actions, including warnings, administrative penalties, remedial directives, and strike-off or equivalent measures, where applicable.
- Ensure enforcement decisions are consistent, proportionate, timely, and evidence-based.
- Oversee the drafting and issuance of enforcement notices, penalty letters, and related correspondence.
- Liaise with the Legal Unit on contested, complex, or appealed cases and prepare briefing materials as required.
- Maintain comprehensive enforcement records, case files, and audit trails.
- Analyse enforcement trends and prepare management reports on enforcement outcomes and effectiveness.
- Provide ongoing supervision, mentoring, and technical guidance to Enforcement Section staff.
- Coordinate with the Compliance, Verification, and Legal Sections to support an integrated and effective compliance and enforcement framework.
Characteristics of the Consultancy
- Consultancy Category & Modality: The contract consists of 12 monthly payments to be awarded on completion of monthly deliverables.
- Contract Duration: July 1, 2026 – June 30, 2027
- Place of Work: Barbados
Schedule of Payments
Payments will be made as 100% divided into equal monthly payments of $9,105.30 for 12 months, on approval of the Consultant's monthly Personal Performance Report.
Qualifications and Experience
- A degree in Business Administration, Finance, Law, Economics, Accounting, International Relations, or International Business, with not less than five years' supervisory experience in a Compliance or Regulatory function; OR
- A postgraduate qualification in the areas above with not less than three years' supervisory experience in a Compliance or Regulatory function.
Knowledge
- Knowledge of AML Compliance generally.
- Knowledge of the corporate landscape in Barbados.
- New Beneficial Ownership Legislation (developing).
- Companies Act Cap. 308.
- Trust Miscellaneous Provisions Act 2018-49.
- Corporate and Trust Service Providers Act 2015-12.
- Private Trust Companies Act 2012-22.
- Foreign Currency Permits Act 2018-44.
- Money Laundering and Financing of Terrorism Act 2011-23.
- FATF 40 Recommendations.
- IBU Anti-Money Laundering Guidelines.
- IBU Beneficial Ownership Guidance.
Reports
The Consultant is required to submit monthly Performance Reports for the duration of the contract. Reports will review all aspects of the work underway and completed, and provide an assessment of level of completion. Reports must be submitted in hard and soft copies. Payment of fees is subject to the Ministry's acceptance of the Performance Reports. Should the Ministry not accept a deliverable, deficiencies must be remedied within fourteen (14) calendar days of being requested to do so.
Confidentiality
The Consultant shall maintain strict confidentiality of all information accessed or generated during the assignment.
Non-Entitlement to Permanent Appointment
Award of this contract does not confer any entitlement, expectation, or right to appointment to any permanent, pensionable, or established post within the Public Service or any Government entity.
