ANTI-MONEY LAUNDERING ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001
(1) This Act may be cited as the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 .
[Am. by Act A1467 of the year 2014; Act A1208: s.3]
(2) This Act comes into operation on a date to be appointed by the Minister of Finance by notification in the Gazette .
(1) This Act shall apply to any serious offence, foreign serious offence or unlawful activity whether committed before or after the commencement date.
(2) This Act shall apply to any property, whether it is situated in or outside Malaysia.
(3) Nothing in this Act shall impose any duty or confer any power on any court in or in connection with any proceedings under this Act against a person for a serious offence in respect of which he has been convicted by a court before the commencement date.
(1) In this Act, unless the context otherwise requires:
"enforcement agency" includes a body or agency that is for the time being responsible in Malaysia for the enforcement of laws relating to the prevention, detection and investigation of any serious offence; "accounts" includes records of any financial transactions conducted by any reporting institution listed in the First Schedule;
[Ins. by Act A1208: s.4]
"unlawful activity" means:
(a) any activity which constitutes any serious offence or any foreign serious offence; or
(b) any activity which is of such a nature, or occurs in such circumstances, that it results in or leads to the commission of any serious offence or any foreign serious offence,
regardless whether such activity, wholly or pa
4 PART II MONEY LAUNDERING OFFENCES-4. Offence of money laundering.
(1) Any person who:
(a) engages, directly or indirectly, in a transaction that involves proceeds of an unlawful activity or instrumentalities of an offence;
(b) acquires, receives, possesses, disguises, transfers, converts, exchanges, carries, disposes of or uses proceeds of an unlawful activity or instrumentalities of an offence;
(c) removes from or brings into Malaysia, proceeds of an unlawful activity or instrumentalities of an offence; or
(d) conceals, disguises or impedes the establishment of the true nature, origin, location, movement, disposition, title of, rights with respect to, or ownership of, proceeds of an unlawful activity or instrumentalities of an offence,
commits a money laundering offence and shall on conviction be liable to imprisonment for a term not exceeding fifteen years and shall also be liable to a fine of not less than five t
4A PART II MONEY LAUNDERING OFFENCES-4A. Offence of structuring transactions to evade reporting requirement.
(1) No person shall structure, or direct, assist or participate in structuring, any transaction in the domestic or foreign currency to avoid the application of paragraph 14(1) (a) .
(2) Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine of not more than five times the aggregate sum or value of the transaction at the time the offence was committed or to imprisonment for a term not exceeding seven years or to both.
(3) In determining whether a transaction was conducted in contravention of this section, the following matters may be taken into consideration:
(a) the value of the money or property involved in each transaction;
(b) the total value of the transactions;
(c) the period of time over which the transactions took place;
(d) the interval of time between any of the transactions;
(e)<
5 PART II MONEY LAUNDERING OFFENCES-5. Protection of informers and information.
(1) Where a person discloses to an enforcement agency his knowledge or belief that any property is derived from or used in connection with a money laundering offence or any matter on which such knowledge or belief is based:
[Am. by Act A1467 of the year 2014]
(a) if he does any act in contravention of subsection 4(1) and the disclosure relates to the arrangement concerned, he does not commit an offence under that subsection if the disclosure is made:
(i) before he does the act concerned, being an act done with the consent of the enforcement agency; or
(ii) after he does the act, but the disclosure is made on his initiative and as soon as it is reasonable for him to make it;
(b) notwithstanding any other written law, the disclosure shall not be treated as a breach of any restriction on the disclosure of information imposed by any law
6 PART II MONEY LAUNDERING OFFENCES-6. Restriction on revealing disclosure under section 5.
(1) No person shall, subject to subsection (2):
(a) reveal that a disclosure was made under section 5;
(b) reveal the identity of any person as the person making the disclosure; or
(c) answer any question if the answer would lead, or would tend to lead, to the revealing of any fact or matter referred to in paragraph (a) or (b).
(2) Subsection (1) shall not apply to a witness in any civil or criminal proceedings:
(a) for an offence under subsection 4(1) or subsection (3) of this section; or
(b) where the court is of the opinion that justice cannot fully be done between the parties without revealing the disclosure or the identity of any person as the person making the disclosure.
(3) No person shall publish in writing or broadcast any information, including a report of any ci
7 PART III FINANCIAL INTELLIGENCE-7. Functions of the competent authority.
* (1) The Minister of Finance may, by order published in the Gazette, appoint a person to be the competent authority and such person shall have all the functions conferred on the competent authority by this Act.
(2) The competent authority may authorize any of its officers or any other person to perform any or all of its functions or render such assistance in the performance of its functions under this Act as it may specify.
* NOTE :
The Minister appoints Bank Negara Malaysia as the competent authority for the purposes of the Act with effect from 15 January 2002 - see P.U.(A) 19 of 2002.
8 PART III FINANCIAL INTELLIGENCE-8. Provisions relating to the competent authority
(1) The Minister of Finance may, upon the recommendation of the competent authority, who shall consult the relevant supervisory authority of a reporting institution (if any), by order published in the Gazette, invoke any or all of the provisions of Part IV in respect of that reporting institution.
[Am. by Act A1467 of the year 2014]
(2) For the avoidance of doubt, it is declared that a competent authority may exercise its powers under this section in respect of reporting institutions carrying on any or all of the activities listed in the First Schedule, and shall:
(a) receive and analyse information and reports from any person, including reports issued by reporting institutions under section 14;
(b) send any report received under paragraph (a) or any information derived from any such report to an enforcement agency if it is satisfied or has reason to believe
9 PART III FINANCIAL INTELLIGENCE-9. Authorisation to release information.
(1) Subject to subsection (2), the competent authority may, in writing, authorise any enforcement agency or its designated officers to have access to such information as the competent authority may specify for the purposes of performing the enforcement agency's functions.
(2) In respect of any information received from a reporting institution carrying on any business activity listed under Part II of the First Schedule, the competent authority shall authorize Labuan Financial Services Authority or its designated officers to have access to that information.
[Am. by Act A1467 of the year 2014]
(3) The competent authority may, in writing, authorise the Attorney-General or his designated officer to have access to such information as the competent authority may specify for the purpose of dealing with a foreign State's request in relation to mutual assistance in criminal matters.
10 PART III FINANCIAL INTELLIGENCE-10. Disclosure to corresponding authority of foreign State
(1) The Minister of Finance may enter into an agreement or arrangement, in writing, with the government of a foreign State regarding the exchange, between the competent authority and any corresponding authority of that foreign State, of information that the competent authority or the corresponding authority has reasonable grounds to suspect would be relevant to the investigation or the prosecution of a money laundering offence or a terrorism financing offence or an offence that is substantially similar to either offence.
[Am. by Act A1467 of the year 2014]
(2) The competent authority may enter into an agreement or arrangement, in writing, with a corresponding authority of a foreign State regarding the exchange, between the competent authority and that corresponding authority, of information that the competent authority or the corresponding authority has reasonable grounds to suspect would be relevant to the invest
11 PART III FINANCIAL INTELLIGENCE-11. Prohibited disclosure.
Subject to section 12, no person who has obtained information from a competent authority under Part IV shall:
(a) while he is authorised under section 9, disclose or communicate the information except to another officer authorised under that section, for the purposes of, or in connection with, the performance of his duties; and
(b) when he is no longer authorised under section 9, make a record of the information, or disclose or communicate the information in any circumstances.
12 PART III FINANCIAL INTELLIGENCE-12. Permitted disclosure.
(1) Nothing in section 11 shall prevent the communication of the competent authority's information under this Part with respect to a prosecution or legal proceedings in connection with the commission of a serious offence, a foreign serious offence an offence under subsection 4(1) or a terrorism financing offence.
[Am. by Act A1208: s.6]
(2) Nothing in section 11 shall prevent the communication of the competent authority's information under this Part in respect of the affairs of a person by the person authorised under section 9 to:
(a) if the person is not a company, that person;
(b) if the person is a company:
(i) any person who is, or has been, a director or an officer of the company; or
(ii) any person who is, or has been directly involved in, or responsible for, the preparation of information furnished on behalf of the company; or
<12A PART III FINANCIAL INTELLIGENCE-12A. Prescription of additional financial institutions.
The Minister of Finance may, on the recommendation of the competent authority, by order published in the Gazette , prescribe a person that is carrying on a financial business that is regulated or supervised by or subject to the oversight of a relevant regulatory or supervisory authority pursuant to the laws enforced by such regulatory or supervisory authority to be a financial institution for the purposes of the definition of "financial institution" under subsection 3(1).
[Ins. by Act A1467 of the year 2014]
13 PART IV REPORTING OBLIGATIONS-13. Record-keeping by reporting institutions.
(1) A reporting institution shall keep a record of any transaction involving the domestic currency or any foreign currency exceeding such amount as the competent authority may specify.
(2) The record referred to in subsection (1) shall be in such form as the competent authority may specify.
(3) The record referred to in subsection (1) shall include the following information for each transaction:
(a) the identity and address of the person in whose name the transaction is conducted;
(b) the identity and address of the beneficiary or the person on whose behalf the transaction is conducted, where applicable;
(c) the identity of the accounts affected by the transaction, if any;
(d) the type of transaction involved, such as deposit, withdrawal, exchange of currency, cheque cashing, purchase of cashier's cheques or money orders or other payment or transfer by, thr
14 PART IV REPORTING OBLIGATIONS-14. Report by reporting institutions.
(1) A reporting institution shall promptly report to the competent authority:
(a) any transaction exceeding such amount as the competent authority may specify;
(b) any transaction where the identity of the person involved, the transaction itself or any other circumstances concerning that transaction gives any officer or employee of the reporting institution reason to suspect that the transaction involves proceeds of an unlawful activity or instrumentalities of an offence;
(c) any transaction or property where any officer or employee of the reporting institution has reason to suspect that the transaction or property involved is related or linked to, is used or is intended to be used for or by, any terrorist act, terrorist, terrorist group, terrorist entity or person who finances terrorism.
(2) For the purposes of this section, "transaction" includes any attempted trans
14A PART IV REPORTING OBLIGATIONS-14A. Prohibition against disclosure of reports and related information.
(1) Any person who knows or has reason to suspect that a reporting institution is proposing to report, is reporting or has lodged a report under section 14 or is proposing to provide, is providing or has provided any other related information to the competent authority and discloses such knowledge, suspicion or information to any other person commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both.
(2) Any person to whom a disclosure of any knowledge, suspicion or information in contravention of subsection (1) has been made who makes a record of the knowledge, suspicion or information, or further discloses that knowledge, suspicion or information to any other person in any circumstances commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years
15 PART IV REPORTING OBLIGATIONS-15. Centralisation of information.
A reporting institution shall provide for the centralisation of the information collected pursuant to this Part.
16 PART IV REPORTING OBLIGATIONS-16. Customer due diligence.
(1) A reporting institution:
(a) shall not open or operate any anonymous account or any account which is in a fictitious, false or incorrect name;
(b) shall not establish or conduct any business relationship, transaction or activity involving a fictitious, false or incorrect name; and
(c) shall maintain:
(i) accounts in the name of an account holder; and
(ii) records or information of any business relationship, transaction or activity in the name of a customer.
(2) A reporting institution shall undertake customer due diligence measures in all or any of the following circumstances:
(a) establishing or conducting a business relationship, conducting any transaction with a customer or carrying out any activity for or on behalf of a customer, whether the customer is an occasional or usual customer, in
17 PART IV REPORTING OBLIGATIONS-17. Retention of records.
(1) Notwithstanding any provision of any written law pertaining to the retention of documents, a reporting institution shall maintain any account, record, business correspondence and document relating to an account, business relationship, transaction or activity with a customer or any person as well as the results of any analysis undertaken, as the case may be, for a period of at least six years from the date the account is closed or the business relationship, transaction or activity is completed or terminated.
[(1) Subs. by Act A1467 of the year 2014]
(2) A reporting institution shall also maintain records to enable the reconstruction of any transaction in excess of such amount as the competent authority may specify under section 14, for a period of at least six years from the date the transaction is completed or terminated.
(3) Subsections (1) and (2) will not apply where a reporting institution has tran
18 PART IV REPORTING OBLIGATIONS-18. Opening of account or conducting business relationship, transaction or activity in fictitious, false or incorrect name.
(1) No person shall:
(a) open, operate or authorise the opening or the operation of an account; or
(b) establish, conduct or perform any business relationship, transaction or activity,
with a reporting institution in a fictitious, false or incorrect name.
(2) Where a person is commonly known by two or more names, the person shall not use one of those names when:
(a) opening, operating or authorising the opening or operation of an account; or
(b) establishing, conducting or performing any business relationship, transaction or activity,
with a reporting institution unless the person has previously disclosed the other name or names to the reporting institution.
(3) Where a person using a particular name in his dealings with a reporting institution discloses to it a different name or names by which he is
19 PART IV REPORTING OBLIGATIONS-19. Compliance programme.
(1) A reporting institution shall adopt, develop and implement internal programmes, policies, procedures and controls to guard against and detect any offence under this Act.
(2) The programmes in subsection (1) shall include:
(a) the establishment of procedures to ensure high standards of integrity of its employees and a system to evaluate the personal, employment and financial history of these employees;
(b) on-going employee training programmes, such as "know-your-customer" programmes, and instructing employees with regard to the responsibilities specified in sections 13, 14, 14A, 15, 16 and 17; and
[(2)(b) Am. by Act A1467 of the year 2014]
(c) an independent audit function to check compliance with such programmes.
(3) A reporting institution shall implement compliance programmes under subsection (1) on its branches and subsid
20 PART IV REPORTING OBLIGATIONS-20. Secrecy obligations overridden.
* The provisions of this Part shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by any written law or otherwise.
* NOTE :
The Minister invokes paragraph 14(b) and sections 20 and 24 of the Act on institutions carrying on banking business, finance company business, merchant banking business and Islamic banking business -see P.U. (A) 20 of 2002.
21 PART IV REPORTING OBLIGATIONS-21. Obligations of supervisory or licensing authority.
(1) The relevant supervisory authority of a reporting institution or such other person as the relevant supervisory authority may deem fit may:
(a) adopt the necessary measures to prevent or avoid having any person who is unsuitable from controlling, or participating, directly or indirectly, in the directorship, management or operation of the reporting institution;
(b) examine and supervise reporting institutions, and regulate and verify, through regular examinations, that a reporting institution adopts and implements the compliance programmes in section 19;
(c) issue guidelines to assist reporting institutions in detecting suspicious patterns of behaviour in their customers and these guidelines shall be developed taking into account modern and secure techniques of money management and will serve as an educational tool for reporting institutions' personnel; and
[(1)(c) Am.
22 PART IV REPORTING OBLIGATIONS-22. Powers to enforce compliance.
(1) An officer of a reporting institution shall take all reasonable steps to ensure the reporting institution's compliance with its obligations under this Part.
(2) The competent authority, upon application to the Magistrate's Court and satisfying the Court that a reporting institution has failed without reasonable excuse to comply in whole or in part with any obligations in this Act, shall obtain an order against any or all of the officers or employees of that reporting institution on such terms as the Court deems necessary to enforce compliance with such obligations.
[(2) Am. by Act A1467 of the year 2014]
(3) Notwithstanding subsection (2), the competent authority may direct or enter into an agreement with any reporting institution that has without reasonable excuse failed to comply in whole or in part with any obligations in this Part to implement any action plan to ensure compliance with its obligatio
23 PART IV REPORTING OBLIGATIONS-23. [Deleted by Act A1467 of the year 2014] .
24 PART IV REPORTING OBLIGATIONS-24. Protection of persons reporting.
*(1) No civil, criminal or disciplinary proceedings shall be brought against a person who:
(a) discloses or supplies any information in any report made under this Part; or
(b) supplies any information in connection with such a report, whether at the time the report is made or afterwards;
in respect of:
(aa) the disclosure or supply, or the manner of the disclosure or supply, by that person, of the information referred to in paragraph (a) or (b) ; or
(bb) any consequences that follow from the disclosure or supply of that information,
unless the information was disclosed or supplied in bad faith.
(2) In proceedings against any person for an offence under this Part, it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing
25 PART IV REPORTING OBLIGATIONS-25. Examination of a reporting institution.
(1) For the purposes of monitoring a reporting institution's compliance with this Part, the competent authority may authorise an examiner to examine:
(a) any of the reporting institution's records or reports that relate to its obligations under this Part, which are kept at, or accessible from, the reporting institution's premises; and
(b) any system used by the reporting institution at its premises for keeping those records or reports.
(2) In carrying out the examination under subsection (1), the examiner may:
(a) ask any question relating to any record, system or report of a reporting institution; and
(b) make any note or take any copy of the whole or part of any business transaction of the reporting institution.
26 PART IV REPORTING OBLIGATIONS-26. Examination of person other than a reporting institution.*
(1) An examiner authorised under section 25 may examine:
(a) a person who is, or was at any time, a director or an officer of a reporting institution or of its agent;
(b) a person who is, or was at any time, a customer, or otherwise having dealings with a reporting institution; or
[(1)(b) Am. by Act A1467 of the year 2014]
(c) a person whom he believes to be acquainted with the [Acts and circumstances of the case, including an auditor or an advocate and solicitor of a reporting institution,
and that person shall give such document or information as the examiner may require within such time as the examiner may specify.
(2) Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both, and
27 PART IV REPORTING OBLIGATIONS-27. Appearance before examiner.
(1) A director or an officer of a reporting institution examined under subsection 25(1), or a person examined under subsection 26(1), shall appear before the examiner at his office upon being called to do so by the examiner at such time as the examiner may specify.
(2) Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both, and, in the case of a continuing offence, shall in addition be liable to a fine not exceeding three thousand ringgit for each day or part thereof during which the offence continues to be committed.
[(2) Am. by Act A1467 of the year 2014]
28 PART IV REPORTING OBLIGATIONS-28. [Deleted by Act A1467 of the year 2014] .
28A PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28A. Interpretation in relation to this Part.
(1) In this Part, unless the context otherwise requires:
"business day" means:
(a) in States where Sunday is observed as the weekly holiday, a day other than a Saturday, Sunday or public holiday; or
(b) in States where Friday is observed as the weekly holiday, a day other than a Friday, Saturday or public holiday;
"bearer negotiable instrument" includes:
(a) a traveller's cheque;
(b) any negotiable instrument in bearer form, endorsed without any restriction, made out to a fictitious payee or otherwise in such form that title of such instrument passes upon delivery; and
(c) any negotiable instrument that is signed but the name of the payee is omitted;
"authorised officer" means an officer of customs or an of 28B PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28B. Persons leaving or entering Malaysia with cash or bearer negotiable instruments.
(1) Any person leaving or entering Malaysia with an amount in cash, bearer negotiable instruments or both exceeding the value as prescribed by the competent authority by order published in the Gazette, shall declare such amount to the competent authority.
(2) For the purposes of this section, a person leaves or enters Malaysia with cash or bearer negotiable instruments if the person brings the cash or bearer negotiable instruments with him in his accompanying baggage or on any conveyance or otherwise.
(3) Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both.
[Ins. by Act A1467 of the year 2014]
28C PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28C. Movement of cash or bearer negotiable instruments by post, etc .
(1) Any person who moves into or out of Malaysia through the postal, courier or freight forwarding services, or by any other means, any cash, bearer negotiable instruments or both exceeding the value as prescribed by the competent authority by order published in the Gazette , shall declare such amount to the competent authority.
(2) Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both.
[Ins. by Act A1467 of the year 2014]
28D PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28D. Exceptions to requirement to make declaration.
(1) Section 28B shall not apply if:
(a) the person is a commercial passenger carrier; and
(b) the cash or bearer negotiable instrument is in the possession of the commercial passenger carrier's passenger.
(2) Section 28C shall not apply if:
(a) the person is a commercial goods carrier;
(b) the cash or bearer negotiable instrument is carried on behalf of another person;
(c) the other person has not disclosed to the commercial goods carrier that the goods carried on his behalf include cash or bearer negotiable instruments; and
(d) the commercial goods carrier does not know and has no reasonable ground to believe that the goods carried on behalf of the other person include cash or bearer negotiable instruments.
(3) The burden of proving the matters referred to in subsection (1) or (2) l
28E PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28E. Declaration about receipts of cash or bearer negotiable instruments from outside Malaysia.
(1) Any person who receives cash or bearer negotiable instruments or both which is moved to the person from outside Malaysia exceeding the value as prescribed by the competent authority by order published in the Gazette, shall declare such amount to the competent authority and provide such other information as may be required by the competent authority.
(2) A declaration under subsection (1) shall be made within five business days from the day of the receipt of the cash or bearer negotiable instruments or both.
(3) Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding five years or to both.
[Ins. by Act A1467 of the year 2014]
28F PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28F. Declaration to competent authority.
(1) A declaration to the competent authority under this Part shall:
(a) be made in such form as the competent authority may specify; and
(b) contain full and accurate information relating to the matter being declared as is specified in the form.
(2) A declaration under this Part, except under section 28E, shall be made to the competent authority through an authorised officer.
(3) An authorised officer shall make available to the competent authority, upon the request of the competent authority, within a reasonable time:
(a) any declaration submitted to the authorised officer; or
(b) any information about suspicious cross border movements of cash or bearer negotiable instruments.
(4) Any person who makes a declaration which is false, inaccurate or incomplete commits an offence and shall on conviction be liable
28G PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28G. Structuring to avoid declaration under this Part.
(1) No person shall structure, or direct, assist or participate in structuring any cross border transportation or movements of cash or bearer negotiable instruments to avoid making a declaration under this Part.
(2) Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine of not more than five times the aggregate sum or value of the amount of cash or bearer negotiable instruments at the time the offence was committed or to imprisonment for a term not exceeding seven years or to both.
[Ins. by Act A1467 of the year 2014]
28H PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28H. Questioning and search powers in relation to cash or bearer negotiable instruments.
(1) Any person leaving or entering Malaysia shall if required to do so by an authorised officer do all or any of the following:
(a) declare whether or not the person has with him any cash or bearer negotiable instruments;
(b) declare the total value of any cash or bearer negotiable instruments that the person has with him;
(c) declare whether or not a declaration under section 28B has been made in respect of any cash or bearer negotiable instruments that the person has with him;
(d) produce to the authorised officer any cash or bearer negotiable instruments that the person has with him;
(e) answer any question that the authorised officer may have with respect to the cash or bearer negotiable instruments.
(2) An authorised officer may, with such assistance as is reasonable and necessary:
(a) search a perso
28I PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28I. Power of arrest without warrant.
An authorised officer investigating an offence under this Part may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under section 28B or 28C.
[Ins. by Act A1467 of the year 2014]
28J PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28J. Submission of information to competent authority.
Notwithstanding the Central Bank of Malaysia Act 2009, the Financial Services Act 2013 and the Islamic Financial Services Act 2013, the Bank may submit to the competent authority information received under section 214 of the Financial Services Act 2013 and section 225 of the Islamic Financial Services Act 2013.
[Ins. by Act A1467 of the year 2014]
28K PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28K. Declaration under this Part deemed to be a declaration in a matter relating to customs.
Any declaration required to be made under this Part, except under section 28E, shall for the purposes of the Customs Act 1967 be deemed to be a declaration in a matter relating to customs.
[Ins. by Act A1467 of the year 2014]
28L PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS-28L. Forfeiture of detained cash or bearer negotiable instruments.
(1) Subject to section 61, in any prosecution for an offence under this Part, the court shall make an order for the forfeiture of the cash, bearer negotiable instruments or any other thing which is proved to be the subject-matter or evidence relating to the commission of the offence as it considers appropriate notwithstanding that no person may have been convicted of such offence.
(2) Subject to section 61, where in respect of any cash, bearer negotiable instrument or any thing used in the commission of an offence seized under this Part there is no prosecution or conviction for an offence under this Part, the Public Prosecutor shall, before the expiration of twelve months from the date of the seizure, apply to a judge of the High Court for an order of forfeiture of the cash, bearer negotiable instrument or thing, as the case may be, if he is satisfied that the cash, bearer negotiable instrument or thing is the subject-matter or evidence relatin
29 PART V INVESTIGATION-29. Investigation by competent authority and enforcement agencies.
(1) Where:
(a) the competent authority has reason to suspect the commission of an offence under Part III or IV;
[(a) Am. by Act A1467 of the year 2014]
(b) an enforcement agency having the power to enforce the law under which a related serious offence is committed has reason to suspect the commission of an offence under any other provisions of this Act; or
[(b) Am. by Act A1467 of the year 2014]
(c) an enforcement agency has reason to suspect the commission of a terrorism financing offence, or an offence under section 4A or Part IVA,
[(c) Ins. by Act A1467 of the year 2014]
the competent authority or the relevant enforcement agency shall cause an investigation to be made and for such purpose may exercise all the powers of investigation provided for under this Act.
(2)
30 PART V INVESTIGATION-30. Appointment of investigating officer.
(1) For purposes of an investigation under this Part, the competent authority or relevant enforcement agency, as the case may be, may appoint its employee or any other person to be an investigating officer.
(2) An investigating officer who is not an employee of the competent authority or the relevant enforcement agency shall be subject to, and enjoy such rights, protection, and indemnity as may be specified in this Act or other written law applicable to an employee of the competent authority or the relevant enforcement agency, as the case may be.
(3) An investigating officer shall be subject to the direction and control of the competent authority or the relevant enforcement agency, which has authorised him to act on its behalf as the case may be.
31 PART V INVESTIGATION-31. Powers of an investigating officer.
(1) Where an investigating officer is satisfied, or has reason to suspect, that a person has committed an offence under this Act, he may, without a search warrant:
(a) stop, enter, board, inspect, detain and search any conveyance for any property, document or information;
(b) enter, inspect and search any premises belonging to or in the possession or control of the person or his employee, and in the case of a body corporate, its director or manager for any property, document or information;
(c) break open, examine and search any article, container or receptacle found in any premises or conveyance that is being searched;
(d) detain, take possession of, and remove from the premises or conveyance any property, document or information found in the premises, conveyance, article, container or receptacle, and detain it for such period as he considers necessary;
(e)
32 PART V INVESTIGATION-32. Power to examine persons.
(1) Notwithstanding any written law, or oath, undertaking or requirement of secrecy or confidentiality to the contrary, or an obligation under an agreement or arrangement, express or implied, to the contrary, an investigating officer conducting an investigation shall have the power to administer an oath or affirmation to the person being examined.
(2) An investigating officer may order, orally or in writing, any person whom he believes to be acquainted with the facts and circumstances of the case:
(a) to attend before him for examination;
(b) to produce before him any property, document or information; or
[(2)(b) Am. by Act A1467 of the year 2014]
(c) to furnish to him a statement in writing made on oath or affirmation setting out such information as he may require.
(3) A person to whom an order under paragraph (2) (a) ha
33 PART V INVESTIGATION-33. Search of a person.
(1) An investigating officer searching any person under paragraph 31(1) (f) may detain the person for such period as may be necessary to have the search carried out, which shall not in any case exceed twenty-four hours without the authorisation of a magistrate, and may, if necessary, remove the person in custody to another place to facilitate such search.
[(1) Am. by Act A1467 of the year 2014]
(2) No person shall be searched under this Part except by an investigating officer of the same gender and such search shall be carried out with strict regard to decency.
34 PART V INVESTIGATION-34. Obstruction to exercise of powers by an investigating officer.
Any person who:
(a) refuses any investigating officer access to any premises or conveyance, or fails to submit to the search of his person;
[(a) Am. by Act A1467 of the year 2014]
(b) assaults, obstructs, hinders or delays an investigating officer in effecting any entrance which he is entitled to effect;
(c) fails to comply with any lawful demands of any investigating officer in the execution of his duties under this Part;
(d) refuses to give to an investigating officer any property, document or information which may reasonably be required of him and which he has in his power to give;
(e) fails to produce to, or conceal or attempt to conceal from, an investigating officer, any property, document or information, which the investigating officer requires;
[(e) Am. by Act A1467 of the year 2014]
35 PART V INVESTIGATION-35. Tipping-off.
(1) Any person who:
(a) knows or has reason to suspect that an investigating officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act or any subsidiary legislation made under it and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or
(b) knows or has reason to suspect that a disclosure has been made to an investigating officer under this Act and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,
commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both.
[(1)
36 PART V INVESTIGATION-36. Requirement to provide translation.
(1) Where an investigating officer finds, detains, or takes possession of any property, document or information which, wholly or partly, is in a language other than the national language or English language, or is in any sign or code, the investigating officer may, orally or in writing, require the person who had the possession, custody or control of the property, document or information to furnish to him a translation in the national language or English language within such period as he may specify.
[(1) Am. by Act A1467 of the year 2014]
(2) No person shall knowingly furnish a translation under subsection (1) which is not an accurate, faithful and true translation of the document.
(3) Any person who fails to comply with the requirement in subsection (1) or contravenes subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a
37 PART V INVESTIGATION-37. Delivery of property, document or information.
(1) An investigating officer may, by a notice in writing, require any person to deliver to him any property, document or information which he has reason to suspect has been used in the commission of an offence under this Act or is able to assist in the investigation of an offence under this Act that is in the possession or custody of, or under the control of, that person or within the power of that person to furnish.
(2) An investigating officer may grant permission to any person to inspect the property, document or information he had detained and taken possession of under subsection (1) if the person is entitled to inspect such property, document or information under this Act.
(3) A person who:
(a) fails to deliver any property, document or information that is required by an investigating officer; or
(b) obstructs or hinders an investigating officer while exercising any of his powers under
38 PART V INVESTIGATION-38. Detention of property, document or information.
An investigating officer may detain, take possession of and retain for such duration as he deems necessary, any property, document or information produced before him in the course of an examination under paragraph 32(2) (a) or (b) , or search of the person under subsection 33(1), for ascertaining whether anything relevant to the investigation is concealed, or is otherwise, upon such person.
[Am. by Act A1467 of the year 2014]
39 PART V INVESTIGATION-39. Release of property, document or information detained.
(1) An investigating officer shall, unless otherwise ordered by any court:
(a) at the close of an investigation or any proceedings arising from the investigation; or
(b) with the prior written consent of the competent authority or the relevant enforcement agency, as the case may be, or of any investigating officer superior to him in rank, at any time before the close of an investigation,
release any property, document or information, detained or removed by him or any other investigating officer, to such person as he determines to be lawfully entitled to the property, document or information if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.
(2) The investigating officer effecting the release under subsection (1) shall record in writing the circumstance
40 PART V INVESTIGATION-40. Statement to be admissible.
The record of an examination under paragraph 32(2) (a) , any property, document or information produced under paragraph 32(2) (b) or any statement under paragraph 32(2) (c) shall, notwithstanding any written law or rule of law to the contrary, be admissible as evidence in any proceedings in any court for, or in relation to, an offence or any other matter under this Act or any offence under any other written law, regardless whether such proceedings are against the person who was examined, or who produced the property, document or information, or who made the written statement on oath or affirmation, or against any other person.
[Am. by Act A1467 of the year 2014]
41 PART V INVESTIGATION-41. Investigating officer may arrest without warrant.
An investigating officer appointed under section 30 may arrest without warrant a person whom he reasonably suspects to have committed or to be committing any offence under this Act.
42 PART V INVESTIGATION-42. Arrested person to be made over to police officer.
An investigating officer, other than a police officer, making an arrest under section 41 shall make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and the person arrested shall be dealt with according to the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.
43 PART V INVESTIGATION-43. Investigating officer deemed to be public servant and public officer.
An investigating officer shall be deemed to be a public servant for the purposes of the Penal Code [Act 574] , and to be a public officer for the purposes of the Criminal Procedure Code.
44 PART VI FREEZING, SEIZURE AND FORFEITURE-44. Freezing of property.
(1) Subject to section 50, an enforcement agency may issue an order to freeze any property of any person, or any terrorist property, as the case may be, wherever the property may be, and whether the property is in his possession, under his control or due from any source to him, if:
(a) an investigation with regard to an unlawful activity has commenced against that person; and
(b) either:
(i) the enforcement agency has reasonable grounds to suspect that an offence under subsection 4(1) or a terrorism financing offence has been or is being or is about to be committed by that person; or
(ii) the enforcement agency has reasonable grounds to suspect that the property is the proceeds of an unlawful activity or the instrumentalities of an offence.
[(1) Subs. by Act A1467 of the year 2014; Am. by Act A1208: s.9]
(2) An
44A PART VI FREEZING, SEIZURE AND FORFEITURE-44A. Variation or revocation of order to freeze property.
(1) An order to freeze property issued under section 44 may be varied or revoked by the enforcement agency that issued the order:
(a) where an officer senior in rank to the officer who issued the order is satisfied that such property is not liable to seizure under this Act; or
(b) on the application of the person named or described in the order.
(2) For the purpose of paragraph (1) (a) , where an officer senior in rank to the officer who issued the order is satisfied that such property is not liable to seizure under this Act, he may vary the order in accordance with paragraph (4) (a) or revoke the order.
(3) For the purpose of paragraph (1) (b) , an application shall be made in writing to the enforcement agency specifying the grounds on which the variation or revocation of the order is sought and, on receipt, shall be dealt with by an officer senior in ra
45 PART VI FREEZING, SEIZURE AND FORFEITURE-45. Seizure of movable property.
(1) In the course of an investigation into an offence under subsection 4(1), or a terrrorism financing offence, an investigating officer may, upon obtaining approval from an investigating officer senior in rank to him, seize any movable property which he has reasonable grounds to suspect to be the subject-matter of such offence or evidence relating to the commission of such offence or to be terrorist property, proceeds of an unlawful activity or instrumentalities of an offence.
[Am. by Act A1467 of the year 2014; Act A1208: s.10]
(2) A list of all movable property seized pursuant to subsection (1) and of the places in which they are respectively found shall be prepared by the investigating officer effecting the seizure and signed by him.
(3) A copy of the list referred to in subsection (2) shall be served as soon as possible on the owner of such property or on the person from whom the property was seized.<
46 PART VI FREEZING, SEIZURE AND FORFEITURE-46. Further provisions relating to seizure of movable property.
(1) Where any movable property is seized under this Act, the seizure shall be effected by removing the movable property from the possession, custody or control of the person from whom it is seized and placing it under the custody of such person, and at such place, as the investigating officer may determine.
(2) Where it is not practicable, or it is otherwise not desirable, to remove any property under subsection (1), the investigating officer may leave it at the premises in which it is seized under the custody of such person as he may determine for the purpose.
(3) Notwithstanding subsection (1), when any movable property, including any movable property referred to in subsection (6), has been seized under this Act, an investigating officer, other than the investigating officer who effected the seizure, upon obtaining approval from an investigating officer senior in rank to him, may:
(a) temporarily return t
47 PART VI FREEZING, SEIZURE AND FORFEITURE-47. Advocates and solicitors to disclose information.
(1) Notwithstanding any other law, a Judge of the High Court may, on application being made to him in relation to an investigation into any offence under subsection 4(1) or a terrorism financing offence, order an advocate and solicitor to disclose information available to him in respect of any transaction or dealing relating to any property which is liable to seizure under this Act.
[Am. by Act A1208: s.11]
(2) Nothing in subsection (1) shall require an advocate and solicitor to comply with any order under that subsection to the extent that such compliance would disclose any privileged information or communication which came to his knowledge for the purpose of any pending proceedings.
48 PART VI FREEZING, SEIZURE AND FORFEITURE-48. Investigation powers in relation to a financial institution.
(1) Notwithstanding the provisions of any other written law or any rule of law, the Public Prosecutor, if he is satisfied that it is necessary for the purpose of any investigation into an offence under subsection 4(1) or a terrorism financing offence, may authorise in writing an investigating officer to exercise in relation to any financial institution specified in the authorisation all the powers of investigation set out in Part V and in subsection (2).
[Am. by Act A1208: s.12]
(2) An investigating officer authorised under subsection (1) may, in relation to the financial institution in respect of which he is so authorised:
(a) inspect and take copies of any book, document or information belonging to or in the possession, custody or control of the financial institution;
(b) inspect and take copies of any share account, purchase account, expense account or any other ac
49 PART VI FREEZING, SEIZURE AND FORFEITURE-49. Public Prosecutor's powers to obtain information.
(1) Notwithstanding any law or rule of law to the contrary, the Public Prosecutor, if he has reasonable grounds to suspect, based on the investigation carried out under this Act, that an offence under subsection 4(1) or a terrorism financing offence has been committed, may by written notice require:
[Am. by Act A1208: s.13]
(a) any person suspected of having committed such offence;
[(1)& (1)(a) Am. by Act A1467 of the year 2014]
(b) any relative or associate of the person referred to in paragraph (a) ; or
(c) any other person whom the Public Prosecutor has reasonable grounds to believe is able to assist in the investigation,
to furnish a statement in writing on oath or affirmation:
(aa) identifying every property, whether movable or immovable, whether in or outside Mala
50 PART VI FREEZING, SEIZURE AND FORFEITURE-50. Seizure of movable property in financial institution.
(1) Where the Public Prosecutor is satisfied on information given to him by an investigating officer that any movable property or any accretion to it which is:
(a) the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b) terrorist property;
(c) the proceeds of an unlawful activity; or
(d) the instrumentalities of an offence,
is in the possession, custody or control of a financial institution, he may, notwithstanding any other written law, by order direct that such movable property or any accretion to it in the financial institution be seized by the investigating officer or by order direct the financial institution not to part with, deal in or otherwise dispose of such movable property or any accretion to it, in whole or in part, until the order is varied or revoked.
51 PART VI FREEZING, SEIZURE AND FORFEITURE-51. Seizure of immovable property.
(1) Where the Public Prosecutor is satisfied on information given to him by an investigating officer that any immovable property is:
(a) the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b) terrorist property;
(c) the proceeds of an unlawful activity; or
(d) the instrumentalities of an offence,
the Public Prosecutor may by order direct that such immovable property be seized by the investigating officer.
[(1)Subs. by Act A1467 of the year 2014; Am. by Act A1208: s.15]
(1A) Where any immovable property is seized under this Act, the seizure shall be effected:
(a) by the issue of a Notice of Seizure by the Public Prosecutor setting out in it the particulars of the immovable property which is seized in so far a
52 PART VI FREEZING, SEIZURE AND FORFEITURE-52. Special provisions relating to seizure of a business.
(1) Where an enforcement agency has reason to believe that any business:
(a) is being carried on by or on behalf of any person against whom prosecution for an offence under subsection 4(1) or a terrorism financing offence is intended to be commenced;
[Am. by Act A1208: s.16]
(b) is being carried on by or on behalf of a relative or an associate of such person;
(c) is a business in which such person, or a relative or associate of his, has an interest which amounts to or carries a right to not less than thirty per centum of the entire business; or
(d) is a business over which such person or his relative or associate has management or effective control, either individually or together,
the enforcement agency may seize the business in the manner provided under this Part or by an order in writing:
(aa)
52A PART VI FREEZING, SEIZURE AND FORFEITURE-52A. Expiry of seizure order.
A seizure order made under this Act shall cease to have effect after the expiration of twelve months from the date of the seizure order, or where there is a prior freezing order, twelve months from the date of the freezing order, if the person against whom the order was made has not been charged with an offence under this Act.
[Ins. by Act A1467 of the year 2014]
53 PART VI FREEZING, SEIZURE AND FORFEITURE-53. Prohibition of dealing with property outside Malaysia.
(1) Where the Public Prosecutor is satisfied that any property is:
(a) the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b) terrorist property;
(c) the proceeds of an unlawful activity; or
(d) the instrumentalities of an offence,
and such property is held or deposited outside Malaysia, he may make an application supported by an affidavit to a judge of the High Court for an order prohibiting the person by whom the property is held or with whom it is deposited from dealing with the property.
(2) Upon being satisfied that such property is:
(a) the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b) terrorist property;
(c) the proce
54 PART VI FREEZING, SEIZURE AND FORFEITURE-54. Dealing with property after seizure to be void.
(1) Where any property has been seized under this Act, and so long as such seizure remains in force, any dealing effected by any person or between any persons in respect of such property, except any dealing effected under this Act by an officer of a public body in his capacity as such officer, or otherwise by or on behalf of the Federal Government, or the Government of a State, or a local authority or other statutory authority, shall be null and void, and shall not be registered or otherwise be given effect to by any person or authority.
(2) Subsection (1) shall be in addition to and not in derogation of subsections 51(3) and (4).
(3) For so long as a seizure of any property under this Act remains in force, no action, suit or other proceedings of a civil nature shall be instituted, or if it is pending immediately before such seizure, be maintained or continued in any court or before any other authority in respect of the property which h
55 PART VI FREEZING, SEIZURE AND FORFEITURE-55. Forfeiture of property upon prosecution for an offence.
(1) Subject to section 61, in any prosecution for an offence under subsection 4(1) or a terrorism financing offence, the court shall make an order for the forfeiture of any property which is proved to be:
(a) the subject-matter or evidence relating to the commission of such offence;
(b) terrorist property;
(c) the proceeds of an unlawful activity; or
(d) the instrumentalities of an offence,
where:
(aa) the offence is proved against the accused; or
(bb) the offence is not proved against the accused but the court is satisfied that:
(i) the accused is not the true and lawful owner of such property; and
(ii) no other person is entitled to the property as a purchaser in good faith for valuable consideration.
[(1) Subs. by Act A1
56 PART VI FREEZING, SEIZURE AND FORFEITURE-56. Forfeiture of property where there is no prosecution.
(1) Subject to section 61, where in respect of any property seized under this Act there is no prosecution or conviction for an offence under subsection 4(1) or a terrorism financing offence, the Public Prosecutor may, before the expiration of twelve months from the date of the seizure, or where there is a freezing order, twelve months from the date of the freezing, apply to a judge of the High Court for an order of forfeiture of that property if he is satisfied that such property is:
(a) the subject-matter or evidence relating to the commission of such offence;
(b) terrorist property;
(c) the proceeds of an unlawful activity; or
(d) the instrumentalities of an offence.
[(1) Subs. by Act A1467 of the year 2014; Am. by Act A1208: s.19]
(2) The judge to whom an application is made under subsection (1) shall make an order fo
56A PART VI FREEZING, SEIZURE AND FORFEITURE-56A. Forfeiture order not to be affected by acquittal.
The fact that a person has been acquitted of a serious offence or a foreign serious offence shall not affect the power of the court to issue a forfeiture order.
[Ins. by Act A1467 of the year 2014]
57 PART VI FREEZING, SEIZURE AND FORFEITURE-57. Validity of freeze, seizure or sale.
Where the freeze, seizure or sale of any property has been effected under this Act, the validity of such freeze, seizure or sale, or other form of disposal of such property, or of any destruction of the property in accordance with the provisions of this Act, in consequence of such freeze, seizure or sale, shall not be affected by any objection to it relating to the manner in which the freeze, seizure or sale was effected, or the place at which it was effected, or the person from whom it was effected, or the person to whom any notice of the freeze, seizure or sale was given, or omitted to be given, or any failure to conform to any procedural provision of this Act or of any other written law in effecting the freeze, seizure or sale.
58 PART VI FREEZING, SEIZURE AND FORFEITURE-58. Vesting of forfeited property in the Federal Government.
(1) Where any property is forfeited under this Act, the property shall vest in the Government free from any right, interest or encumbrance of any person except a right, interest or encumbrance which is held by a purchaser in good faith for valuable consideration and which is not otherwise null and void under any provision of this Act.
(2) Where any person who holds any encumbrance to which the property is subject claims that he holds the encumbrance as a purchaser in good faith for valuable consideration and that the encumbrance is not otherwise null and void under any provision of this Act, and the Federal Government disputes such claim, the Public Prosecutor may refer the claim to the High Court to determine the question and the Court shall determine the question after giving an opportunity to be heard to the person holding the encumbrance and hearing the reply of the Public Prosecutor to any representations which may be made before that Cour
59 PART VI FREEZING, SEIZURE AND FORFEITURE-59. Pecuniary orders.
(1) For the purpose of proceedings under section 55 or 56, the court shall issue a pecuniary penalty order against a person from whom property is forfeited in respect of benefits derived by the person from:
(a) the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b) terrorist property;
(c) the proceeds of an unlawful activity; or
(d) the instrumentalities of an offence.
(2) The court may, if it considers appropriate, assess the value of the benefits so derived and order that person to pay to the Federal Government a pecuniary penalty equivalent to that amount.
(3) Where a forfeiture order has been made under section 55 or 56 against any property which is:
(a) the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offen
60 PART VI FREEZING, SEIZURE AND FORFEITURE-60. Release of property seized.
(1) Where property has been seized under this Act, an investigating officer other than the investigating officer who effected the seizure, may at any time before it is forfeited under this Act, with the consent of the Public Prosecutor release such property to such person as the Public Prosecutor determines to be lawfully entitled to the property if the Public Prosecutor is satisfied that such property is not liable to forfeiture under this Act or otherwise required for the purpose of any proceedings under the Act, or for the purpose of any prosecution under any other law, and in such event neither the officer effecting the seizure, nor the Federal Government, or any person acting on behalf of the Federal Government, shall be liable to any proceedings by any person if the seizure and release had been effected in good faith.
[(1) Am. by Act A1467 of the year 2014]
(2) The officer effecting any release of any prop
61 PART VI FREEZING, SEIZURE AND FORFEITURE-61. Bona fide third parties.
(1) The provisions in this Part shall apply without prejudice to the rights of bona fide third parties.
(2) The court making the order of forfeiture under subsection 28L(1) or section 55 or the judge to whom an application is made under subsection 28L(2) or 56(1) shall cause to be published a notice in the Gazette calling upon any third party who claims to have any interest in the property to attend before the court on the date specified in the notice to show cause as to why the property shall not be forfeited.
[(2) Am. by Act A1467 of the year 2014]
(3) A third party's lack of good faith may be inferred, by the court or an enforcement agency, from the objective circumstances of the case.
(4) The court or enforcement agency shall return the property to the claimant when it is satisfied that:
(a) the claimant has a legitimate legal interest in the property;
62 PART VI FREEZING, SEIZURE AND FORFEITURE-62. Disposition of forfeited property.
Whenever property that is not required to be destroyed and that is not harmful to the public is forfeited under section 28L or 55 or 56, the court or an enforcement agency may, in accordance with the law:
[Am. by Act A1467 of the year 2014]
(a) retain it for official use, or transfer it to the Federal Government or
(b) sell it and transfer the proceeds from such sale to the Federal Government.
63 PART VI FREEZING, SEIZURE AND FORFEITURE-63. Absconded person.
(1) For the purposes of this Act, a person shall be treated as if he had been convicted of a serious offence if the person absconds in connection with a serious offence and any reference in this Part to the defendant shall include a reference to such person.
(2) For the purposes of subsection (1), a person shall be treated as if he had absconded in connection with a serious offence if, before or after the commencement date:
(a) an investigation for a serious offence has been commenced against the person; and
(b) the person:
(i) dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he is convicted of the offence;
[(2)(b)(i) Am. by Act A1467 of the year 2014]
(ii) cannot be found or apprehended by the enforcement agency after reasonable effort to do so at the end of
64 PART VI FREEZING, SEIZURE AND FORFEITURE-64. Forfeiture order where person has absconded.
Where a person is, by reason of section 63, treated as if he had been convicted of a serious offence, a court may make a forfeiture order under this Part if the court is satisfied:
(a) on the evidence adduced before it that, on the balance of probabilities, the person has absconded; and
(b) having regard to all the evidence before the court, that such evidence if unrebutted would warrant his conviction for the offence.
65 PART VI FREEZING, SEIZURE AND FORFEITURE-65. Effect of death on proceedings.
(1) Proceedings under section 64 shall be instituted or continued against the personal representatives of a deceased defendant or, if there are no personal representatives, such beneficiary of the estate of the deceased defendant as may be specified by the court upon the application of the Public Prosecutor.
(2) Where the power conferred by this Act to make an order is to be exercised in relation to a deceased defendant, the order shall be made against the estate of the deceased defendant.
(3) In this section, "deceased defendant" means a person who dies:
(a) after an investigation into a serious offence has been commenced against him; and
(b) before proceedings in respect of the offence have been instituted, or if such proceedings have been instituted, before he is convicted of the offence.
(4) In this section, a reference to property or interest in property shall inc
66 PART VI FREEZING, SEIZURE AND FORFEITURE-66. Service of documents on absconders.
Where any document is required under this Act to be served on a person who cannot be found or who is outside Malaysia and cannot be compelled to attend before a court in respect of proceedings under this Act, the court may dispense with service of the document upon him and the proceedings may be continued to their final conclusion in his absence.
66A PART VIA SUPPRESSION OF TERRORISM FINANCING OFFENCES AND FREEZING, SEIZURE AND FORFEITURE OF TERRORIST PROPERTY-66A. Interpretation in relation to this Part.
In this Part, unless the context otherwise requires:
"specified entity" means an entity in respect of which an order under section 66B has been made, or is deemed by reason of the operation of subsection 66C(2) to have been made, and is for the time being in force;
"terrorist act" has the same meaning as in section 130B of the Penal Code; "relevant regulatory or supervisory authority" includes Bank Negara Malaysia, the Securities Commission and the Labuan Financial Services Authority.
[Am. by Act A1467 of the year 2014; Ins. by Act A1208: s.22]
66B PART VIA SUPPRESSION OF TERRORISM FINANCING OFFENCES AND FREEZING, SEIZURE AND FORFEITURE OF TERRORIST PROPERTY-66B. Declaration of specified entities.
(1) Where the Minister of Home Affairs is satisfied on information given to him by a police officer that:
(a) an entity has knowingly committed, attempted to commit, participated in committing or facilitated the commission of, a terrorist act; or
(b) an entity is knowingly acting on behalf of, at the direction of, or in association with, an entity referred to in paragraph (a) ,
the Minister of Home Affairs may, by order published in the Gazette , declare the entity to be a specified entity.
(2) In making an order under subsection (1), the Minister of Home Affairs may, for the purpose of facilitating the implementation of the order, consult with the relevant regulatory or supervisory authority or such other body or agency as the Minister of Home Affairs considers appropriate.
(3) Where an order under subsection (1) has been made:
66C PART VIA SUPPRESSION OF TERRORISM FINANCING OFFENCES AND FREEZING, SEIZURE AND FORFEITURE OF TERRORIST PROPERTY-66C. Orders for implementation of measures to give effect to Security Council resolutions.
(1) Where the Security Council of the United Nations decides, in pursuance of Article 41 of the Charter of the United Nations, on the measures to be employed to give effect to any of its decisions and calls upon the Government of Malaysia to apply those measures, the Minister of Home Affairs may, by order published in the Gazette , make such provision as may appear to him to be necessary or expedient to enable those measures to be effectively applied.
(2) Where an order under subsection (1) makes provision to the effect that there are reasonable grounds to believe that an entity designated by the Security Council of the United Nations is engaged in terrorist acts, the order under subsection (1) shall be deemed, with effect from the date of the order, to be an order declaring that entity to be a specified entity under subsection 66B(1).
[(2) Am. by Act A1467 of the year 2014]
(3) An order under subs
66D PART VIA SUPPRESSION OF TERRORISM FINANCING OFFENCES AND FREEZING, SEIZURE AND FORFEITURE OF TERRORIST PROPERTY-66D. Minister's power to obtain information.
(1) The Minister of Home Affairs may, by order published in the Gazette , require any person or class of persons to determine within the period specified in the order whether they are in possession or control of terrorist property or property owned or controlled by or on behalf of any specified entity.
(2) An order made under subsection (1) may require any person or class of persons specified in it to report to the relevant regulatory or supervisory authority and within such regular periods as may be specified in the order:
(a) whether they are in possession or control of any property referred to in subsection (1); and
(b) if they are in possession or control of any property referred to in subsection (1):
(i) the number of persons, contracts or accounts involved;
(ii) the total value of the property involved;
(iii) the manner by which the property came t
66E PART VIA SUPPRESSION OF TERRORISM FINANCING OFFENCES AND FREEZING, SEIZURE AND FORFEITURE OF TERRORIST PROPERTY-66E. Directions and guidelines to discharge Government's international obligations.
(1) For the purposes of this Part, the relevant regulatory or supervisory authority may issue such directions and guidelines to the institutions under their regulation or supervision as the relevant regulatory or supervisory authority considers necessary in order to discharge or facilitate the discharge of any obligation binding on Malaysia by virtue of a decision of the Security Council of the United Nations.
(2) An institution to which a direction or guideline is issued under subsection (1) shall comply with the direction or guidelines notwithstanding any other duty imposed on the institution by any rule of law, written law or contract.
(3) An institution shall not, in carrying out any act in compliance with any direction or guidelines made under subsection (1), be treated as being in breach of any such rule of law, written law or contract.
(4) An institution shall not disclose any direction or guideline issued under subsectio
66F PART VIA SUPPRESSION OF TERRORISM FINANCING OFFENCES AND FREEZING, SEIZURE AND FORFEITURE OF TERRORIST PROPERTY-66F. Savings for orders made under the Exchange Control Act 1953 and the Labuan Financial Services Authority Act 1996.
(1) The orders made under section 44 of the Exchange Control Act 1953 [Act 17] and subsection 4(5) of the Labuan Financial Services Authority Act 1996 for the purpose of implementing counter-terrorism measures required by the Security Council of the United Nations and in force immediately before the commencement of this Part shall be deemed to have been lawfully made under section 66C and shall remain in full force and effect until they are revoked or replaced under this Part.
(2) After the commencement of this Part, no order under section 44 of the Exchange Control Act 1953 or subsection 4(5) of the Labuan Financial Services Authority Act 1996 shall be made where section 66B or 66C applies.
[Am. by Act A1467 of the year 2014; Ins. by Act A1208: s.22]
67 PART VII MISCELLANEOUS-67. Property tracking.
(1) Where the competent authority or an enforcement agency, as the case may be, has reason to believe that a person is committing, has committed or is about to commit an offence under this Act or a terrorism financing offence , the competent authority or enforcement agency, as the case may be, may order:
[Am. by Act A1208: s.23]
(a) that any document relevant to identifying, locating or quantifying any property, or identifying or locating any document necessary for the transfer of the property, belonging to, or in the possession or under the control of that person or any other person, be delivered to it; or
(b) any person to produce information on any transaction conducted by or for that person with the first-mentioned person.
(2) Any person who does not comply with an order under subsection (1) commits an offence and shall on conviction be liable to a f
68 PART VII MISCELLANEOUS-68. Additional powers of competent authority and enforcement agency.
(1) For the avoidance of doubt, the functions conferred on the competent authority or an enforcement agency under this Act shall be in addition to its functions under any other written law.
(2) Where an enforcement agency enforcing the law under which a related serious offence is committed gathers evidence with respect to any investigation relating to that offence, such evidence shall be deemed to be evidence gathered in accordance with this Act.
69 PART VII MISCELLANEOUS-69. Agent provocateur.
(1) Notwithstanding any law or rule of law to the contrary, in any proceedings against any person for an offence under this Act, no agent provocateur, whether he is an officer of an enforcement agency or not, shall be presumed to be unworthy of credit by reason only of his having attempted to commit or to abet, or having abetted or having been engaged in a criminal conspiracy to commit, such offence if the main purpose of such attempt, abetment or engagement was to secure evidence against such person.
(2) Notwithstanding any law or rule of law to the contrary, a conviction for any offence under this Act solely on the uncorroborated evidence of any agent provocateur shall not be illegal and no such conviction shall be set aside merely because the court which tried the case has failed to refer in the grounds of its judgment to the need to warn itself against the danger of convicting on such evidence.
70 PART VII MISCELLANEOUS-70. Standard of proof.
(1) Any question of fact to be decided by a court in proceedings under this Act shall be decided on the balance of probabilities.
(2) Subsection (1) shall not apply in relation to any question of fact that is for the prosecution to prove in any proceedings for an offence under this Act or any subsidiary legislation under it.
71 PART VII MISCELLANEOUS-71. Admissibility of documentary evidence.
Where the Public Prosecutor or any enforcement agency has obtained any document or other evidence in exercise of his powers under this Act or by virtue of this Act, such document or copy of the document or other evidence, as the case may be, shall be admissible in evidence in any proceedings under this Act, notwithstanding anything to the contrary in any written law.
72 PART VII MISCELLANEOUS-72. Admissibility of statements by accused persons.
(1) In any trial or inquiry by a court into an offence under this Act, any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation or not and whether or not wholly or partly in answer to questions, by an accused person to or in the hearing of an officer of any enforcement agency, whether or not interpreted to him by any other officer of such enforcement agency or any other person, whether concerned or not in the arrest of that person, shall, notwithstanding any law or rule of law to the contrary, be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.
(2) No statement made under subsection (1) shall be admissible or used as provided for in that subsection if the making of th
73 PART VII MISCELLANEOUS-73. Admissibility of statements and documents of persons who are dead or cannot be traced, etc..
Notwithstanding any written law to the contrary, in any proceedings against any person for an offence under this Act:
(a) any statement made by any person to an officer of any enforcement agency in the course of an investigation under this Act; and
(b) any document, or copy of any document, seized from any person by an officer of any enforcement agency in exercise of his powers under this Act,
shall be admissible in evidence in any proceedings under this Act before any court, where the person who made the statement or the document or the copy of the document is dead, or cannot be traced or found, or has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which appears to the court unreasonable.
74 PART VII MISCELLANEOUS-74. Admissibility of translation of documents.
(1) Where any document which is to be used in any proceedings against any person for an offence under this Act is in a language other than the national language or English language, a translation of such document into the national language or English language shall be admissible in evidence where the translation is accompanied by a certificate of the person who translated the document setting out that it is an accurate, faithful and true translation and the translation had been done by such person at the instance of the Public Prosecutor or an officer of any enforcement agency.
(2) Subsection (1) shall apply to a document which is translated, regardless whether the document was made in or outside Malaysia, or whether the translation was done in or outside Malaysia, or whether possession of such document was obtained by the Public Prosecutor or an officer of any enforcement agency in or outside Malaysia.
75 PART VII MISCELLANEOUS-75. Evidence of corresponding law or foreign law.
(1) A document purporting to be issued by or on behalf of the government of a foreign State and purporting to state the terms of:
(a) a corresponding law in force in that foreign State; or
(b) a law in relation to a foreign serious offence in force in that foreign State,
shall be admissible in evidence for the purpose of proving the matters referred to in subsection (2) in any proceedings under this Act on its production by the Attorney-General or by any person duly authorised by him in writing.
(2) A document shall be sufficient evidence:
(a) if issued by or on behalf of the government of the foreign State stated in the document;
(b) that the terms of the corresponding law or the law of the foreign State are as stated in the document; and
(c) that any fact stated in the document as constituting an offence under t
75A PART VII MISCELLANEOUS-75A. Stay of proceedings.
Where there is a need to obtain evidence from a foreign State, the court shall, upon application by the Public Prosecutor, stay the proceedings under this Act until such evidence is obtained.
[Ins. by Act A1467 of the year 2014]
76 PART VII MISCELLANEOUS-76. Proof of conviction and acquittal.
(1) For the purposes of any proceedings under this Act, the fact that a person has been convicted or acquitted of an offence by or before any court in Malaysia or by a foreign court shall be admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that he committed or did not commit that offence, whether or not he is a party to the proceedings, and where he was convicted whether he was so convicted upon plea of guilt or otherwise.
(2) The court shall accept the conviction referred to in subsection (1) as conclusive unless:
(a) it is subject to review or appeal that has not yet been determined;
(b) it has been quashed or set aside; or
(c) the court is of the view that it is contrary to the interests of justice or the public interest to accept the conviction as conclusive.
(3) A person proved to have been convicted of an
77 PART VII MISCELLANEOUS-77. Indemnity.
No action, suit, prosecution or other proceeding shall lie or be brought, instituted, or maintained in any court or before any other authority against:
(a) the competent authority or the relevant enforcement agency;
(b) any director or officer of the competent authority or the relevant enforcement agency, either personally or in his official capacity; or
(c) any person lawfully acting in compliance with any direction, instruction or order of a director or officer of the competent authority or the relevant enforcement agency,
for or on account of, or in respect of, any act done or statement made or omitted to be done or made, or purporting to be done or made or omitted to be done or made, in pursuance of or in execution of, or intended pursuance of or execution of, this Act or any order in writing, direction, instruction or other thing issued under this Act if such act
78 PART VII MISCELLANEOUS-78. Service of notices or orders.
(1) A letter containing a notice, order or other document to be served by an enforcement agency under this Act shall be deemed to be addressed to the proper place if it is addressed to the last-known address of the addressee.
(2) Any notice or order issued or made under this Act shall, where it is required to be served on a natural person, be served by:
(a) delivering it personally to the person for whom it is intended;
(b) delivering it to an adult person at the last-known place of residence, occupation or business of the person for whom it is intended; or
(c) sending it by registered post to the person for whom it is intended.
(3) If the officer effecting any notice or order under subsection (2) is satisfied, for reasons to be recorded by him in writing, that the notice or order cannot be served in the manner provided in paragraph (2) (a) , (b)
79 PART VII MISCELLANEOUS-79. Preservation of secrecy.
(1) Except for the purpose of the performance of his duties or the exercise of his functions under this Act or when lawfully required to do so by any court or under the provisions of any written law, no person shall disclose any information or matter which has been obtained by him in the performance of his duties or the exercise of his functions under this Act.
(2) No person who has any information or matter which to his knowledge has been disclosed in contravention of subsection (1) shall disclose that information or matter to any other person.
(3) Any person who contravenes subsection (1) or (2) commits an offence and shall be liable on conviction to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both.
[(3) Am. by Act A1467 of the year 2014]
80 PART VII MISCELLANEOUS-80. Exemptions.
The Minister of Finance may, upon the recommendation of the competent authority, if he considers it consistent with the purposes of this Act or in the interest of the public, by order published in the Gazette, exempt a person or class of persons from all or any of the provisions of Part III, IV or IVA for such duration and subject to such condition as the Minister may specify.
[Am. by Act A1467 of the year 2014]
81 PART VII MISCELLANEOUS-81. Modifications.
(1) The Minister of Finance may, upon the recommendation of the competent authority who shall consult with the Labuan Financial Services Authority, by order published in the Gazette , provide that any provisions of this Act or part of the provision, specified in the order, shall not apply in relation to a financial institution registered under the Labuan Financial Services and Securities Act 2010 or the Labuan Islamic Financial Services and Securities Act 2010 or shall apply with such modifications as may be set out in the order.
[(1) Am. by Act A1467 of the year 2014]
(2) The terms of the order made under subsection (1) must be consistent with the intent and purpose of this Act.
(3) In this section, "modification" includes amendment, adaptation, alteration, variation, addition, division, substitution or exclusion.
82 PART VII MISCELLANEOUS-82. Jurisdiction.
(1) Any offence under this Act:
(a) on the high seas on board any ship or on any aircraft registered in Malaysia;
(b) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft;
[Am. by Act A1208: s.24]
(c) by any citizen or any permanent resident in any place outside and beyond the limits of Malaysia,
[Am. by Act A1208: s.24]
(d) by any person against a citizen of Malaysia;
(e) by any person against property belonging to, or operated or controlled by, in whole or in part, the Government of Malaysia or the Government of any State in Malaysia, including diplomatic or consular premises of Malaysia, any citizen of Malaysia, or any corporation created by or under the laws of Malaysia located outside Malaysia;
[(e) Subs. by Act A1467 of th
83 PART VII MISCELLANEOUS-83. Power to issue guidelines, etc .
The competent authority may, upon consultation with the relevant supervisory authority, issue to a reporting institution such guidelines, circulars, or notices as are necessary or expedient to give full effect to or for carrying out the provisions of this Act and in particular for the detection or prevention of money laundering and terrorism financing.
[Am. by Act A1467 of the year 2014]
84 PART VII MISCELLANEOUS-84. Regulations.
(1) The Minister of Finance or the Minister of Home Affairs, as the case may be, may make such regulations as are necessary or expedient to give full effect to or for carrying out the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), regulations may be made:
(a) to prescribe anything that is required or permitted to be prescribed under this Act;
(b) to provide that any act or omission in contravention of any provision of such regulations shall be an offence;
(c) to provide for the imposition of penalties for such offences which shall not exceed a fine of three million ringgit or imprisonment for a term not exceeding five years or both; and
(d) to provide for the imposition of an additional penalty for a continuing offence which shall not exceed five thousand ringgit for each day or part thereof during which the offence continues to
85 PART VII MISCELLANEOUS-85. Amendment of Schedules.
The Minister of Finance may, by order published in the Gazette, amend the First and Second Schedules.
86 PART VII MISCELLANEOUS-86. General offence.
Any person who contravenes:
(a) any provision of this Act or regulations made under it; or
(b) any specification or requirement made, or any order in writing, direction, instruction, or notice given, or any limit, term, condition or restriction imposed, in the exercise of any power conferred under or pursuant to any provision of this Act or regulations made under it,
commits an offence and shall on conviction, if no penalty is expressly provided for the offence under this Act or the regulations, be liable to a fine not exceeding one million ringgit.
[Am. by Act A1467 of the year 2014]
86A PART VII MISCELLANEOUS-86A. Attempts, abetments and criminal conspiracies.
(1) Any person who:
(a) attempts to commit an offence under this Act;
(b) does any act preparatory to, or in furtherance of, the commission of an offence under this Act;
(c) abets or is engaged in a criminal conspiracy to commit (as those terms are defined in the Penal Code) an offence under this Act, whether or not the offence is committed in consequence of it,
commits an offence and shall be liable on conviction to the penalty provided for that offence.
(2) A provision of this Act which refers to an offence under a specific provision of this Act shall be read as including a reference to an offence under subsection (1) in relation to the offence under that specific provision.
[Ins. by Act A1467 of the year 2014]
87 PART VII MISCELLANEOUS-87. Offence committed by any person acting in an official capacity.
(1) Where an offence is committed by a body corporate or an association of persons, a person:
(a) who is its director, controller, officer, or partner; or
(b) who is concerned in the management of its affairs,
at the time of the commission of the offence, is deemed to have committed that offence unless that person proves that the offence was committed without his consent or connivance and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.
(2) An individual may be prosecuted for an offence under subsection (1) notwithstanding that the body corporate or association of persons has not been convicted of the offence.
(3) Subsection (1) shall not affect the criminal liability of the body corporate or association of persons for the offen
88 PART VII MISCELLANEOUS-88. Offence by an individual.
Where a person is liable under this Act to a penalty for any act, omission, neglect or default, he shall be liable to the same penalty for the act, omission, neglect or default of his employee, director, controller, or agent if the act, omission, neglect or default was committed by:
(a) his employee in the course of the employee's employment;
(b) his director in carrying out the function of a director;
(c) his controller in carrying out the function of a controller; or
(d) his agent when acting on his behalf.
89 PART VII MISCELLANEOUS-89. Falsification, concealment and destruction of document.
A person, with intent to deceive, in respect of a document to be produced or submitted under any provision of this Act, who makes or causes to be made a false entry, omits to make, or causes to be omitted, any entry, or alters, abstracts, conceals or destroys, or causes to be altered, abstracted, concealed or destroyed, any entry, forges a document, or makes use of or holds in his possession a false document, purporting to be a valid document, alters any entry made in any document, or issues or uses a document which is false or incorrect, wholly or partially, or misleading commits an offence and on conviction shall be liable to a fine not exceeding three million ringgit or to a term of imprisonment not exceeding five years or to both, and, in the case of a continuing offence, shall in addition be liable to a fine not exceeding three thousand ringgit for each day or part thereof during which the offence continues to be committed.
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90 PART VII MISCELLANEOUS-90. Seizable offence.
Every offence punishable under this Act shall be a seizable offence.
91 PART VII MISCELLANEOUS-91. Joinder of offences.
Notwithstanding anything contained in any other written law, where a person is accused of more than one offence under this Act, he may be charged with and tried at one trial for any number of the offences committed within any length of time.
91A PART VII MISCELLANEOUS-91A. Particulars of charge.
When a person is charged with an offence under this Act, it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 164 of the Criminal Procedure Code provided that the time included between the first and last of such dates shall not exceed twelve months.
[Ins. by Act A1467 of the year 2014]
92 PART VII MISCELLANEOUS-92. Power of competent authority to compound offences.
(1) The competent authority or relevant enforcement agency, as the case maybe, may, with the consent of the Public Prosecutor, compound any offence under this Act or under regulations made under this Act, by accepting from the person reasonably suspected of having committed the offence such amount not exceeding fifty per centum of the amount of the maximum fine for that offence, including the daily fine, if any, in the case of a continuing offence, to which that person would have been liable if he had been convicted of the offence, within such time as may be specified in its written offer.
(2) Any money paid to the competent authority or relevant enforcement agency pursuant to subsection (1) shall be paid into and form part of the Federal Consolidated Fund.
(3) An offer under subsection (1) may be made at any time after the offence has been committed, and where the amount specified in the offer is not paid within the time specified in t
93 PART VII MISCELLANEOUS-93. Prosecution.
No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.
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