Laws of Malaysia Act Reprinting 613 Act anti-money laundering and anti-terrorism financing Act 2001 Contains all amendments to 1 October 2008 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 2008 2 laws of Malaysia Act 613 Act anti-money laundering and anti-terrorism financing Act 2001 Royal Assent date......... 25 June 2001 date of publication in the Gazette of ... ... more July 5, 2001 3Pencegahan anti-money laundering and anti-terrorism financing laws of Malaysia Act 613 Act anti-money laundering and anti-terrorism financing Act 2001 arrangement of sections part i preliminary section 1. short title and commencement 2. Application of the 3. interpretation part ii offence money laundering 4. the offence of money laundering 5. The whistleblower protection and information 6. Restriction on disclosure-disclosure under section 5 of part iii Financial Intelligence 7. Competent authority functions 8. Provisions relating to competent authorities 9. permission to release information 10. Disclosure to the authorities that are equivalent to foreign countries 11. Disclosure prohibited 12. Allowable disclosure 4 laws of Malaysia Act 613 part iV Reporting obligations of section 13. Record keeping by reporting institutions 14. a report by the reporting institutions 15. Centralisation of information 16. Identification of the account holder 17. Record keeping 18. Opening an account in the name of false 19. compliance plan 20. obligations of confidentiality resolved 21. obligations of the authority monitoring or licensing 22. the power to enforce compliance with 23. currency reporting on the border of 24. Protection for those who report 25. Inspection on the reporting institutions 26. Examination of the other reporting institutions 27. the presence in front of examiners 28. Destruction of records inspection part V Investigation 29. Investigations by the competent authorities and enforcement agencies 30. The appointment of the investigating officer 31. the power of investigating officers 32. the authority to examine people 33. Examination on a person 34. obstacles to the exercise of power by an investigating officer 35. Whistleblowing 36. needs to prepare translation 37. Surrender of property, records, reports or documents 38. Seizure of property, records, reports or documents 39. Divestment, records, reports or documents seized 40. Statement of acceptable 5Pencegahan anti-money laundering and anti-terrorism financing Act Section 41. The investigating officer can arrest without warrant 42. the person arrested shall be handed over to the police officer 43. Investigating officers are deemed to be public servants and public servants part Vi Freezing, Seizure And forfeiture of 44. Freezing the assets of 45. Seizure of movable property 46. Further provisions relating to the seizure of movable property 47. Advocates and solicitors shall disclose information 48. power probe in connection with a financial institutions 49. the power of the Prosecutor to obtain information 50. Seizure of movable property of financial institutions 51. Seizure of immovable property 52. Special provisions relating to seizure 53 business. prohibition on dealing with property outside malaysia 54. make travel arrangements on the property after the seizure is invalid 55. Forfeiture of property when there is a prosecution for an offence 56. Forfeiture of property if there is no prosecution 57. the validity of the freezing, seizure or sale of 58. Vesting provisions in respect of which the Federal Government dilucuthakkan at 59. Financial order 60. Divestment seized 61. Third party good faith 62. Disposal of property dilucuthakkan 63. those who escape 64. Order of forfeiture if someone flee 65. effect of death of the proceedings 66. The delivery of a document to those who escape the 6 laws of Malaysia Act 613 part Via PenumPaSan the offence of financing of terrorism and Freezing, Seizure And forfeiture of Terrorist Property Section 66a. interpretation with respect to this section 66b. The Declaration of the entity is determined 66c. Order to implement the measures to give effect to Security Council resolutions 66d. Minister's power to obtain information 66e. directives and guidelines to meet their international obligations the Government 66f. saving for an order made under the Exchange Control Act 1953 and the Board of labuan offshore financial services 1996 part Vii miscellaneous 67. 68 properties detection. the extra power authorities and enforcement agencies 69. provocation agent 70. Standard 71 proof. admissibility of evidence dokumentar 72. admissibility of a statement by the accused person is 73. admissibility of statements and documents of the person is dead or cannot be detected, etc.
74. the admissibility of the document translation 75. a description of a corresponding law or foreign law 76. proof of convictions and the release of 77. indemnity is 78. Service of notice 79. Preservation of confidentiality of 80. Exemption from 81. Modification of 82. 7Pencegahan jurisdiction of the anti-money laundering and anti-terrorism financing Act Section 83. the power to issue guidelines, etc.
84. Rule 85. Amendment of schedule 86. General error 87. offence committed by any person acting upon the nature of the official 88. offences by individuals 89. Fraud, concealment and destruction of documents, etc.
90. the offence can capture 91. 92. Consolidation of the offence the power of the authorities competent to compound offences 93. Prosecution of the first schedule Second Schedule 8 laws of Malaysia Act 613 9Pencegahan anti-money laundering and anti-terrorism financing laws of Malaysia Act 613 * Act anti-money laundering and anti-terrorism financing Act 2001 an act to provide for the offence of money laundering, measures shall be taken to prevent money laundering and terrorism financing offences and to provide for the forfeiture of terrorist property and property involved in , or derived from, money laundering and terrorism financing offences, and for matters incidental or related to it.
[15 January 2002, P.U. (B) 15/2002] part i preliminary short title and commencement 1. (1) this Act may be cited as the * Act anti-money laundering and anti-terrorism financing Act 2001.
(2) of this Act come into force on such date as the Minister of finance by notification in the Gazette.
application 2. (1) this Act shall apply to any offence heavy, heavy foreign offence or illegal activities, whether made before or after the date of commencement.
(2) this Act shall apply to any property, whether situated in or outside malaysia.
* NOTE — formerly referred to as the anti-money laundering Act 2001. short title changed by section 3 of the Act the anti-money laundering (Amendment) Act 2003 [Act A1208] come into force on March 6, 2007 – see P.u. (b) 66/2007.
10 laws of Malaysia Act 613 (3) there is nothing whatsoever in this Act may impose any obligation or give any power over any court in or in connection with any proceedings under this Act against any person for an offence in respect of which weight he has been convicted by a court prior to the date of coming into operation.
interpretation 3. (1) in this Act, unless the context otherwise requires — "enforcement agency" includes any body or agency currently responsible for enforcement of the law relating to the prevention, detection and investigation of any offence weight;
"account" includes records of any financial transactions conducted by any reporting institutions listed in the first schedule;
"illegal activity" means any activity related to, directly or indirectly, with any heavy offence or any offence of foreign heavy;
"central bank" means the bank negara malaysia which was established under the bank of malaysia Act 1958 [Act 519];
"things" includes material;
"determined" means specified in writing, and the power to determine which include the power to determine the different basis for different people or class of different people and to amend any determination;
"prescribed" means prescribed through regulations made under this Act, and a power to prescribe include the power to make different provisions in the regulations for different people or class of persons;
"document" has the same meaning as in the evidence Act 1950 [Act];
11Pencegahan money laundering and terrorism financing "constituent document", in relation to an institution, means the statutes, Charter, memorandum of Association and articles of Association, rules and by-laws, partnership agreement, or other instruments, under which or the institution established with him and his administration and the Organization of structure and function and its business scope specified, whether contained in a single document or more;
"as a result of illegal activities" means any property derived or obtained, directly or indirectly, by any person arising from any illegal activity;
"property" means — (a) every type of asset, whether zahir or intangible, movable or immovable, tangible or intangible, however acquired; or
(b) the document or legal instrument in any form, including electronic or digital, which becomes a description of the title or interest of, the assets, including bank credit, cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;
"terrorist property" has the same meaning as in section 130b of the Penal Code [Act 574];
"financial institutions" means — (a) an institution licensed under the Islamic Banking Act 1983 [Act 276], takaful Act 1984 [Act 312], the banking and financial institutions Act 1989 [Act 372], the Insurance Act 1996 [Act 553] and money-changing Act 1998 [Act 577];
(b) a person licensed under * capital markets and Services Act 2007 [Act 671] and the Securities Commission Act 1993 [Act 498]; or (c) an offshore financial institution;
"offshore financial institutions" have the same meaning as in the Act of the Board of labuan offshore financial services 1996 [Act 545];
* NOTE — this Act has replaced the securities industry Act 1983 [Act 280] and the futures industry Act [Act 499] come into operation on 28 September 2007 unless Term 2 part Vi – see subsection 381 (2) of Act 671 and P.u. (b) 342/2007.
12 laws of Malaysia Act 613 "reporting institution" means any person, including branches and subsidiaries outside malaysia such person, that carries out any of the activities listed in the first schedule;
"heavy offence" means — (a) any offence specified in the second schedule;
(b) an attempt to commit any such offence; or (c) abetment of any such offence;
"heavy foreign offence" means an offence — (a) the laws of a foreign country specified in a certificate purporting to be issued by or on behalf of the Government of the foreign country; and (b) comprising or including acts or activities which, if it happened in malaysia, will be a heavy offence;
"terrorism financing offence" means any offence under section 130n, 130P or 130q 130o, of the Penal Code;
"client" includes a client;
"the Board of labuan offshore financial services" means the authority established by the Act of the Board of labuan offshore financial services 1996;
"material" includes any book, document or other record in any form, and any containers or articles related to it;
"the Home Minister" means the Minister charged with the responsibility for Homeland Security;
"Finance Minister" means the Minister charged with the responsibility for finance;
"foreign country" means any country or territory outside malaysia;
13Pencegahan money laundering and terrorism financing "controller", in relation to an institution, means — (a) the Chief Executive Officer of the institution or the body corporate of the institution is a subsidiary thereof;
(b) any person, either alone or with any associate — (i) has any interest in one-third of the shares of mengundinya or more;
(ii) has the power to appoint, or cause to be appointed, the majority of its directors; or (iii) has the authority to make decisions, or decisions are made, in respect of the business or its administration;
"money laundering" means the Act of a person who — (a) engage, directly or indirectly, in a transaction involving the proceeds of any illegal activity;
(b) acquire, receive, possess, conceal, transfer, alter, change, lead, dispose of, use, remove from or bring in to malaysia as a result of any illegal activity; or (c) conceal, hide or block confirmation of the true nature, source, location, disposition, movement, rights with respect to the title, or ownership of, the results of any illegal activities, if — (aa) as can be deduced from the circumstances of fact objective, that person knows or has reason to believe that the property was the proceeds of any illegal activity; or (bb) in respect of the conduct of a natural person, the person without reasonable grounds not to take 14 laws of Malaysia Act 613 reasonable steps to determine whether or not the property was the proceeds of any illegal activity;
"competent authority" means the person appointed under subsection 7 (1);
"premises" includes — (a) a structure (whether movable or not or offshore or not), building, tent, vehicle, vehicles, water, hoverkraf or flying aircraft;
(b) a place (whether or not enclosed or developed on it or not); and (c) that part of any premises (including premises of the type referred to in paragraph (a) or (b));
"process" means any summons, warrant, order or other document in respect of an criminal matters issued — (a) of any court; or (b) of any Court of a foreign country, or by any judge, magistrate or officer of the Court, as the case may be;
"criminal proceedings" means a trial of a person for an offence or offences of foreign heavy weight, as the case may be, and includes any proceeding to determine whether a person should be tried for a particular of the offence;
"relative", in respect of a person, means — (a) the spouse of that person; (b) a brother or brother or sister of the person; (c) sister or brother or sister of the person's spouse;
or (d) any parents and ancestors or descendants sezuriat that person;
15Pencegahan money laundering and terrorism financing "allies", in relation to a person, means — (a) any person who is a nominee or officer of such person; (b) any person who manages the Affairs of that person; (c) any firm that that person, or any nominee of his, becoming his partner or the person responsible for him or that regulate the business or Affairs;
(d) any corporation within the meaning of the companies Act 1965 [Act 125], which that person, or any nominee of his, becoming its Director or responsible for him or control business or Affairs, or in which the person, alone or together with any nominee of his, has a controlling interest, or whose shares amounting to not less than thirty per cent of the total issued share capital of the Corporation; or (e) a trustee of any trust, if — (i) the trust was created by that person; or (ii) the total value of the assets contributed by that person to the trust at any time, whether before or after the trust is established, amounting at any time shall not be less than twenty per cent of the total value of the trust assets;
"The Securities Commission" means the Securities Commission established under the Securities Commission Act 1993;
"transaction" includes an arrangement to open an account involving two or more persons and any related transaction between any of the persons in question with others;
"Managing", in relation to any property, including — (a) receiving or acquiring the property; (b) withhold or hide the property (whether to withhold or conceal the nature, source, location, disposition, movement or pemunyaannya or any right in respect of or otherwise);
16 laws of Malaysia Act 613 (c) dispose of or alter such property;
(d) bringing the property into or removing such property from malaysia;
(e) using the property to borrow money, or as collateral (whether by mortgage, mortgage or backup or otherwise); or (f) If a debt payable to the person who holds the property, make payment to any person to reduce the amount of the debt.
(2) for the purposes of this Act — (a) any references to a foreign country include references to — (i) a foreign territory thereof; and (ii) a ship or aircraft flying the owned or registered in the foreign country; and (b) a reference to the law of a foreign country include references to the law in force in any part of the foreign country.
part ii of the offence of money laundering offence money laundering 4. (1) any person who — (a) engage, or attempt to engage in; or (b) aiding and abetting with abuse, money laundering guilty of an offence and shall, on conviction, to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding five years or both.
17Pencegahan anti-money laundering and anti-terrorism financing (2) a person may be convicted of an offence under subsection (1), regardless of whether there is a conviction in respect of an offence or the offence of foreign heavy weight or a prosecution was initiated for the Commission of an offence or the offence of foreign heavy weight.
the whistleblower protection and information 5. (1) If a person in custody to an enforcement agency knowledge or his belief that any property derived from or used in connection with money laundering or any matter upon which the knowledge or belief based —
(a) if the person is committing any act in violation of subsection 4 (1) and the disclosure in respect of the arrangements may be, that person is not guilty of an offence under that subsection if the disclosure is made of — (i) before the person committing the Act in question, that is, an act which is done with the consent of the enforcement agencies; or (ii) after the person doing the Act, but the disclosure made on its own initiatives and as soon as reasonable for that person to do so;
(b) Notwithstanding any other written law, the disclosure shall not be taken as a breach of any restriction on disclosure of information imposed by any law, contract or the rules of professional conduct; and (c) such person shall not be liable for damages for any loss arising out of — (i) the disclosure; or (ii) any act done or omitted in connection with such property arising from the disclosure.
18 laws of Malaysia Act 613 (2) where any information in respect of an offence under this Act has been accepted by an official competent authority or institution of the reporter, the information and the identity of the person who gave the information shall be secret between the officer and the person and everything contained in the information, the identity of the person and all other circumstances in respect of the information , including information that has been given, shall not be disclosed except for the purposes of subsection 8 (1) or section 14.
restriction on disclosure-disclosure under section 5 6. (1) subject to subsection (2), no person shall — (a) discloses that a disclosure has been made under section 5;
(b) disclose the identity of any person as the person making the disclosure; or (c) answer any question if the answer can lead to or is likely to be lead to the exposure of any fact or matter referred to in paragraph (a) or (b).
(2) subsection (1) shall not apply for a witness in any civil or criminal proceedings — (a) for an offence under subsection 4 (1) or subsection (3) of this section; or (b) if the Court is of the opinion that justice cannot be carried out solely between the parties without disclosing the disclosure or the identity of any person as the person making the disclosure.
(3) No person shall publish in writing or by posting any information, including reports of any civil or criminal proceedings but shall not include information that has been published for the purpose of statistics by competent authorities or Governments, to disclose or indicate — (a) that a disclosure has been made under section 5; or (b) the identity of any person as the person making the disclosure.
19Pencegahan anti-money laundering and anti-terrorism financing (4) subsection (3) does not apply in respect of proceedings against a person who makes a disclosure for an offence under subsection 4 (1) or subsection (1).
(5) if the information is published or broadcast in contravention of subsection (3), every person who follows, namely — (a) in the case of a publication as part of a newspapers or periodical publication, any proprietor, Editor, Publisher and distributor of newspapers or publishing the magazine;
(b) in the case of a publication other than as part of a newspapers or periodical publication, any person who published it and any person who circulate it;
(c) in the case of a broadcast, any person who publish such information and, if the information contained in a plan, any person transmitting or providing the plan and any person having functions in relation to the plan equal to the function of the author something newspapers or periodic publication, commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or both , and in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
(6) in this section, "broadcasting" includes any broadcasting via radio, film, videotape, television or electronic media.
part iii Financial Intelligence functions of the competent authority 7. * (1) the Minister of finance may, by order published in the Gazette, appoint any person to be the authority * NOTE — bank negara malaysia was appointed as the competent authority for the purposes of this Act come into force on January 15, 2002 – see P.u. (a) 19/2002.
20 laws of Malaysia Act 613 credible and that person shall have all the functionality that is provided to the competent authorities by this Act.
(2) the competent authority may authorize any officer or any other person to perform any or all of its functions or give assistance in the performance of its functions under this act as may be determined by him.
provisions relating to competent authority 8. (1) the Minister of finance may, on the recommendation of the competent authority shall consult the supervisory authorities in relation to an institution the reporter, by order published in the Gazette, * using any or all of the provisions of part iV in respect of the reporting institutions.
(2) for the avoidance of doubt, declared that the competent authorities may exercise his power under this section in respect of reporting institutions in the exercise of any or all of the activities listed in the first schedule and shall — (a) to receive and analyse information and report from any person, including reports issued by the reporting institution under section 14;
(b) send any reports received under paragraph (a) or any information obtained from any such report to the power amplifier if it is satisfied or has reason to believe or suspect that a transaction involves proceeds of illegal activity or an offence is being, has been or weight will be done; and (c) post any information obtained from the examination carried out under part iV to the power amplifier if it has reason to suspect that a transaction involves proceeds of illegal activity or an offence is being, has been or weight will be done.
* NOTE — of paragraph 14(b), sections 20 and 24 used for institutions that carry out business banking, business finance companies, commercial business banking and Islamic banking business comes into operation on January 15, 2002 – see P.u. (a) 20/2002.
21Pencegahan anti-money laundering and anti-terrorism financing (3) the competent authorities may — (a) compile statistics and records;
(b) give directions to the reporter of an institution in relation to any report or information received under section 14;
(c) make recommendations to the authorities, surveillance and enforcement agency reporter about matters arising from any report or information received under subsection (2); and (d) establishing training needs and provide training for any reporting institutions in respect of transactions and record keeping and reporting obligations under part iV.
permission to release information 9. (1) subject to subsection (2), the competent authority may, in writing, authorize any enforcement agency or officer on specified gain access to information that may be determined by the competent authorities for the purpose of implementation of the enforcement agencies function.
(2) in respect of any information received from any institution the reporter who carries on any business activity listed under part ii of the first schedule, competent authorities shall allow the Board of labuan offshore financial services or an officer who is determined to gain access to that information.
(3) the competent authority may, in writing, authorize the Attorney General or his officers determined to get access to the information specified by the competent authorities for the purpose of managing the request of a foreign country in relation to mutual assistance in criminal matters.
disclosure to the authorities that are equivalent to foreign countries 10. (1) the Minister may make an agreement or arrangement, in writing, with the Government of a foreign country on 22 laws of Malaysia Act 613, exchange between the competent authorities with any authority equivalent to the foreign country, the information credible authorities or the equivalent authority has reasonable grounds to suspect are related to the investigation or prosecution of an offence of money laundering or terrorism financing offence or offences that mainly is similar to any one of them.
(2) the competent authority can make an agreement or arrangement, in writing, by the appropriate authority equivalent to a foreign country on the Exchange, between the competent authorities with the equivalent authorities, information that the competent authorities or the equivalent authority has reasonable grounds to suspect are related to the investigation or prosecution of an offence of money laundering or terrorism financing offence or offences that mainly is similar to any one of them.
(3) Notwithstanding any law or legal pillar of the other competent authorities can deliver any information reported to it under section 14 to the authorities equivalent of a foreign country if — (a) the competent authorities have reasonable grounds to suspect that the information would be relevant to the investigation or prosecution of an offence of money laundering or terrorism financing offence or an offence that is largely similar to any one of them; and (b) either — (i) the Minister has, in accordance with subsection (1), make an agreement or arrangement with a foreign country is with respect to the exchange of information; or (ii) the competent authority has, in accordance with subsection (2), make an agreement or arrangement with the equivalent authorities in respect of the exchange of information, which under an agreement or arrangement that authorities equivalent to foreign countries that have agreed to submit to the competent authorities, upon 23Pencegahan anti-money laundering and anti-terrorism financing Act request the competent authorities , the information received by the authorities the equivalent equal to any information required in order to be reported to the competent authorities under section 14; and (c) the competent authority is satisfied that the equivalent authorities had given the undertaking concerned — (i) to protect the confidentiality of any information submitted to it; and (ii) to control the use of that information, including an undertaking that the information will not be used as evidence in any other proceeding.
(4) the competent authority shall record in writing the reasons for all decisions made under paragraph (3) (a) to deliver any information.
(5) in this section, "authority equivalent", in relation to a foreign country, means authorities of the foreign country that is responsible for receiving the information together with any information required in order to be communicated to an authority competent under section 14.
disclosure prohibited 11. subject to section 12, no person who has obtained information from the competent authorities under part iV may — (a) when he is authorised under section 9, disclose or reveal such information except to one other officer authorised under that section, for the purpose of, or in connection with, the implementation of its work; and (b) when he is no longer allowed under section 9, make a record of that information, or disclose or convey the information in such circumstances.
24 laws of Malaysia Act permitted disclosure 613 12. (1) there is nothing in section 11 shall prevent competent authorities information delivery under this section with respect to a prosecution or legal proceedings relating to the Commission of an offence, an offence heavy weight of foreign, an offence under subsection 4 (1) or an offence the financing of terrorism.
(2) there is nothing in section 11 shall prevent delivery of information the authorities competent under this part with respect to the Affairs of a person by a person authorized under section 9 to — (a) if that person is not a company itself;
(b) if the person is a Corporation — (i) any person who is, or has been, a Director or officer of the company; or (ii) any person who is, or has been directly involved in, or responsible for, the provision of information provided on behalf of the company; or (c) those who provide such information to the competent authorities.
(3) no native to which competent authority or person granted permission under section 9 has been conveying any information under this section and the information there is no contact with the Affairs of that person may make a record of that information, or disclose or communicate the information to any person in any circumstances.
(4) any person who contravenes subsection (3) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both.
(5) except if required to do so for the purpose of carrying out the provisions of this Act, a person who obtained information from the competent authorities under this section are not 25Pencegahan anti-money laundering and anti-terrorism financing Act may be required to produce in court any document containing such information or to disclose, or convey to any court that information.
part iV of the obligations of Reporting record keeping by reporting institutions 13. (1) a reporting institution shall keep a record of any transaction involving the local currency or any foreign currency in excess of such amount as may be determined by the competent authorities.
(2) the record referred to in subsection (1) shall be in the form determined by the competent authorities.
(3) the record referred to in subsection (1) shall include the following information for each transaction: (a) the identity and address of the person (s) the transaction is carried out;
(b) the identity and address of the beneficiary or person on its behalf the transaction is conducted, if applicable;
(c) the identity of the accounts affected by the transaction, if any;
(d) the type of transaction involved, such as deposits, withdrawals, currency exchange, cheque cashing, purchase cashier or money order or payment or other transfer by, through, or to the institution of the rapporteur;
(e) the identity of the reporting institution where the transaction occurred; and (f) the date, time and amount of the transaction, and shall also include any other information as may be specified in writing by the competent authorities.
26 laws of Malaysia Act 613 (4) for the purposes of this part, multiple cash transactions in the local currency or foreign currency, at agregatnya exceeding the amount specified by the competent authority in accordance with subsection (1) shall be treated as a single transaction if the transaction is carried out by or on behalf of any one person in any one day or any other period specified by the competent authority.
a report by the reporting institutions 14. An institution the reporter shall forthwith report to the competent authorities any transaction — (a) in excess of such amount as may be determined by the competent authority; and (b) if the identity of the person involved, the transaction itself or any other circumstances in respect of the transaction gives any officer or employee of the reporting institution reason to suspect that the transaction involves proceeds of an illegal activity.
centralisation of information 15. The reporter of an institution shall provide for the centralisation of the information collected pursuant to this section.
identification of the account holder 16. (1) an institution the reporter — (a) shall maintain an account in the name of the account holder; and (b) cannot open, run or maintain any anonymous account or any account in the name of fictitious, false or incorrect.
(2) a reporting institution shall — (a) verify, in a way that can be measured reliably, the identity, the nature of the representation, your domicile, character law, occupation or business of any person, and * NOTE — use in accordance with section 8 of this Act for institutions that carry out business banking, business finance companies, commercial business banking and Islamic banking business comes into operation on January 15, 2002 – see P.u. (a) 20/2002.
27Pencegahan anti-money laundering and anti-terrorism financing Act also other identification information about that person, whether he is a customer occasionally or frequently, through the use of documents such as identity card, passport, birth certificate, driver's license and document constituents, or other private or official document, when establishing a business relationship or carry out, especially when opening an account or a new account, make any fiduciary transactions , rent a box keep safe, or carry out any cash transactions exceeding the amount specified by the competent authority; and (b) enter the details in a record.
(3) a reporting institution shall take all reasonable steps to obtain and record information about the real identity of the person on his behalf an account is opened or a transaction conducted if there are any doubts that any person not acting on behalf of himself, especially in the case of a person who does not carry out any commercial, financial, operations, or industrial in a foreign place, home to the head office or domisilnya.
(4) for the purposes of this section, "person" shall include any person who became a nominee, agent, principal or beneficiary in connection with a transaction.
recordkeeping 17. (1) Notwithstanding any provision of any written law relating to record keeping, reporting an institution shall maintain any record under this part for a period of not less than six years from the date the account is closed or the transaction was completed or stopped.
(2) a reporting institution shall maintain records to enable remodeling any transaction in excess of such amount as may be determined by the competent authority, for a period of not less than six years from the date the transaction was completed or canceled.
28 laws of Malaysia Act 613 (3) subsection (1) and (2) shall not apply if an institution the reporter had sent the records to the competent authority or an agency power amplifier.
(4) any institution of the reporter who contravenes subsection (1) or (2) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both.
opening an account in the name of false 18. (1) No person shall open, operate or authorize the opening or operating an account with an institution reporting on a fictional name, false or incorrect.
(2) If a person is usually known by two different names or more, such person shall not use any of that name in opening an account with an institution the reporter unless that person were to disclose the name or nama-namanya other institutions the rapporteur.
(3) If a person who is using a particular name in its business dealings with the reporter of an institution disclose to him the name or different names which he is usually known, reporting institutions shall make a record about the disclosure and shall, on request in writing from the competent authority, provide the competent authority with a copy of the record.
(4) for the purposes of this section — (a) a person shall open an account in the name of false if that person, in opening the account, or in becoming a signatory to the account, using a name other than the name which he is usually known;
(b) a person shall operate an account in the name of false if that person doing any act or thing in respect of the account (whether by way of making a deposit or withdrawal or contact the relevant institution of the reporter or 29Pencegahan anti-money laundering and anti-terrorism financing act otherwise) and, in doing so, using a name other than the name which he is usually known; and (c) an account is in the name of false if the account was opened on a false name, whether before or after the date of coming into operation of this Act.
(5) any person who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both.
compliance plan 19. (1) a reporting institution must adopt, develop and implement plans, policies, procedures and internal controls to prevent and detect any offence under this Act.
(2) plan in subsection (1) shall include — (a) the establishment of procedures to ensure a high level of integrity for its employees and a system for evaluating personal, employment history and finance the worker;
(b) employee training plan on an ongoing basis, such as the programme "know your client", and directs workers on the responsibilities specified in sections 13, 14, 15, 16 and 17; and (c) an independent audit function for checking compliance with the plan.
(3) a reporting institution shall implement compliance under subsection (1) on the branches and subsidiaries in and outside malaysia.
(4) a reporting institution shall also appoint compliance officers at management level in all branches and subsidiaries will be responsible for the adoption of internal plans and procedures, including the reasonable maintenance for records and reporting suspicious transactions.
30 laws of Malaysia Act 613 (5) an institution the reporter shall develop internal audit function to assess the policies, procedures and the controls to test the compliance measures taken by the institutions of the reporter is to comply with the provisions of this Act and the effectiveness of the move.
Obligations of confidentiality resolved * 20. The provisions of this part shall have effect notwithstanding any obligation as to secrecy or other restriction on disclosure of information imposed by any law or otherwise.
Obligations of the authority monitoring or licensing 21. (1) the supervisory authorities concerned for an institution the reporter or other person deemed appropriate by the authorities of the supervision may — (a) take reasonable measures to prevent or avoid any unsuitable person from controlling, or participating in, directly or indirectly, in the Board of Directors, management or operation of the reporting institution;
(b) examine and monitor reporting institutions, and regulate and verify, through regular checks, that the reporter of an institution adopting and implementing compliance in section 19;
(c) issue guidelines to assist reporting institutions in detecting suspicious patterns of habit at their clients and guidelines shall be developed taking into account modern money management techniques and safe and will act as an educational tool for reporting institutions; and (d) to cooperate with other enforcement agencies and to provide technical assistance in any investigation, prosecution or proceeding in connection with any illegal activities or of an offence under this Act.
* NOTE — use in accordance with section 8 of this Act for institutions that carry out business banking, business finance companies, commercial business banking and Islamic banking business comes into operation on January 15, 2002 – see P.u. (a) 20/2002.
31Pencegahan anti-money laundering and anti-terrorism financing (2) the licensing authority for a reporting institution may, on the recommendation of the competent authority, to cancel or suspend a licence if the reporter institutions institutions that the reporter has been convicted of an offence under this Act.
(3) the supervision authority shall promptly report to the competent authorities any information received from any reporting institutions in connection with transactions or activities that may have a relationship with any illegal activities or of an offence under this Act.
the power to enforce compliance with 22. (1) an officer of an institution the reporter shall take all reasonable steps to ensure that it complies with its obligations institutions reporting under this section.
(2) the competent authority, when applied to the High Court and satisfying the Court that an institution that the reporter has failed without reasonable excuse to comply with the whole or part of any of the obligations in this Act, shall obtain an order against any or all of the officer or employee of the reporting institution upon terms as may be deemed necessary by the Court to enforce compliance with such obligations.
(3) Notwithstanding subsection (2), the competent authority may order or make an agreement with an institution of the reporter who has no reason not to comply with wholly or in part any obligation in this section to implement any action plan to ensure compliance with its obligations under this part.
(4) any person who contravenes subsection (1) or fails to comply with a direction under subsection (3) commits an offence and shall, on conviction, liable to a fine not exceeding 32 laws of Malaysia Act 613 one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both, and, in the case of a continuing offence, a further fine not exceeding one thousand dollars for each day the offence continues after convictions.
currency on the border report 23. (1) a person who leaves or enters malaysia with an amount of cash or negotiable bearer instruments or both, in excess of any amount determined by the competent authority by order published in the Gazette, declare to the competent authority any amount in any form specified by the competent authority.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both.
(3) Notwithstanding the Exchange Control Act 1953 [Act 17] and bank of malaysia Act 1958, the controller of foreign exchange shall have the authority to submit to the competent authorities information received under section 24 or 25 Exchange Control Act 1953.
(4) any declaration required to be made or given under subsection (1) shall for the purposes of the Customs Act 1967 [Act 235] deemed to be a declaration in a matter relating to customs.
protection for those who report * 24. (1) no criminal or civil proceedings, discipline can be brought against a person who — (a) disclose or provide any information in any report made under this section; or * NOTE — use in accordance with section 8 of this Act for institutions that carry out business banking, business finance companies, commercial business banking and Islamic banking business comes into operation on January 15, 2002 – see P.u. (a) 20/2002.
33Pencegahan anti-money laundering and anti-terrorism financing (b) provide any information relating to such reports, either at the time the report is made or the next;
in respect of — (aa) disclosure or provision of, or disclosure or supply of way, by the people, the information referred to in paragraph (a) or (b); or (bb) any consequences arising from the disclosure or provision of such information, unless that information was disclosed or supplied with bad faith.
(2) in proceedings against any person for an offence under this section, be a defence for that person if he shows that he took all reasonable steps and exercise all due diligence to avoid the Commission of the offence.
inspection on the reporting institutions 25. (1) for the purpose of monitoring the compliance of an institution reporting with this part, the competent authority may authorize a person to inspect the inspectors — (a) any record or report the reporting institutions relating to its obligations under this part, which is stored on, or accessible from, the reporting institution premises; and (b) any system that is used by the reporting institutions to keep records of premises or the report.
(2) The inspection under subsection (1), the Inspector may — (a) ask any question in relation to any record, system or report of an institution the reporter; and (b) make any entries or take any copies of the whole or part of the business transactions of the reporting institutions.
34 the laws of Malaysia Act 613 checks on anyone other than reporting institutions 26. (1) the inspector authorized under section 25 may search — (a) a person who is, or has ever, at any time, be a Director or officer of an institution informers or agents;
(b) a person who is, or has ever, at any time, become a client, or otherwise have an institution dealing with the reporter; or (c) a person who he believed knew about the facts and circumstances of the case, including the Auditors ' someone or someone advocate and solicitor of an institution the reporter, and such person shall provide any documents or information required by the Inspector within such period as may be determined by the examiner.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence, a further fine not exceeding one thousand dollars for each day the offence continues after convictions.
(3) Notwithstanding any other law, any person, including a person's agent or auditor a person advocates and solicitors of the reporter, an institution shall not be liable for breach of a contract relating to, or any obligation of confidentiality, because provide any document or information to the inspectors.
the presence in front of the Inspector 27. (1) a Director or an officer of an institution the reporter who inspected under subsection 25 (1), or a person examined under subsection 26 (1), shall appear before the Inspector in his Office when called upon to do so by the inspector at any time specified by the Inspector.
35Pencegahan anti-money laundering and anti-terrorism financing (2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence, a further fine not exceeding one thousand dollars for each day the offence continues after convictions.
destruction of records examination 28. Competent authorities can destroy any document or a copy of the document is made or taken in accordance with an inspection under section 25 and 26 within six years from the examination unless a copy of the document has been sent to an enforcement agency.
Part V Investigation investigation by competent authorities and enforcement agencies 29. (1) where — (a) the competent authorities have reason to suspect that the Commission of an offence under part iii or iV; or (b) an enforcement agency that has the authority to enforce the law under which an offence related weight do have reason to suspect that the Commission of an offence under any other provision of this Act, the competent authority or agency enforcement shall cause an investigation to be made and for that purpose may exercise all the powers of investigation provided for under this Act.
(2) the competent authority or agency related enforcement, as the case may be, shall be 36 laws of Malaysia Act 613 direct any person to take any necessary measures to facilitate investigation under subsection (1).
(3) the competent authorities and enforcement agencies shall co-ordinate and co-operate with any other enforcement agencies within and outside malaysia, with respect to the investigation of any offence or offences of foreign heavy weight, as the case may be.
the appointment of the investigating officer 30. (1) for the purposes of an investigation under this part, the competent authority or agency related enforcement, as the case may be, may appoint employees or any other person to be the investigating officer.
(2) an investigating officer who is not a competent authority employee or related enforcement agencies, shall be subject to and to enjoy the rights, protection and indemnity as may be specified in this Act or any other written law applicable to employees of the competent authority or agency related enforcement, as the case may be.
(3) the investigator shall be subject to the direction and control of the competent authority or agency power amplifier related, which has empowered him to act on his behalf, as the case may be.
the investigating officer 31. (1) where an investigating officer is satisfied, or have reason to suspect, that a person has committed an offence under this Act, he may without a warrant — (a) enter any premises owned by or in the possession or control of such persons or employees, and in the case of a body corporate, a Director or Manager;
37Pencegahan anti-money laundering and anti-terrorism financing (b) search the premises for any property, records, reports or documents;
(c) examine, make copies of or take extracts from any records, reports or documents seized and remanded;
(d) take possession of, and remove from the premises, of any property, records, reports or documents seized and remanded and hold it for such period as it regards necessary;
(e) examine any person in, or in the premises, if the investigating officer has reason to suspect that the person has himself of any property, records, reports or documents, including private documents, which should, in the opinion of the investigating officer that, for the purposes of the investigation of an offence under this Act;
(f) break open, examine and search any article, container or container; or (g) stop, detain or check any vehicle.
(2) an investigating officer may if required to do so — (a) break open any door or gate in the premises or vehicle and entering the premises or vehicle;
(b) transfer the forcible any barriers to the entry, search, seizure, detention or removal such as he is empowered to carry it out; or (c) detain any person found in the premises, or in the vehicle, until the search is completed.
(3) an investigating officer may seize, take possession of, and hold for such period of time as it considers necessary, of any property, records, reports or documents submitted to it in the course of its inquiry into or found on the person being examined by him.
38 the laws of Malaysia Act 613 (4) an investigating officer, while performing its inspection, investigation or shall — (a) prepare and sign a list of every property, records, reports or documents seized; and (b) State in the list the location where, or people who are on it, property, records, report or document is found.
(5) the occupant of the premises being entered into in the investigation, or any person on his behalf, shall be present during the search, and a copy of the list prepared under subsection (4) shall be given to that person upon his request.
the authority to examine people 32. (1) Notwithstanding any written law, or oath, undertaking or requirement of secrecy or keeping secret the opposite, 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 handle the oath or pledge to those who inspected it.
(2) an investigating officer may order, orally or in writing, any person that he knows the facts and circumstances of the case — (a) to appear before it for examination;
(b) submit before it any property, records, reports or documents; or (c) give him a written statement made by oath or pledge stating any information required.
(3) any person who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
39Pencegahan anti-money laundering and anti-terrorism financing Act (4) the person examined under subsection (2) be legally bound to answer all questions in connection with the case was devoted to him, but he can refuse to answer any questions that have a tendency to expose him to a criminal charge or penalty or forfeiture.
(5) the person making the statement under paragraph (2) (c) legally bound to state the truth, whether or not the statement was made in total or in part in answering the questions of the investigating officer.
(6) an investigating officer examining a person under subsection (2) shall notify that person in advance of the provisions of subsection (4) and (5).
(7) a statement made by any person under paragraph (2) (a) shall be reduced to writing and signed by the person making it or affixed cap head jarinya — (a) after the statement was read out to him in a language he made it; and (b) after he was given the opportunity to make any corrections he wanted.
(8) any person who — (a) shall not appear before an officer investigating as required under paragraph (2) (a);
(b) refuses to answer any questions directed to him by an investigator under subsection (4); or (c) give an officer investigating any information or statement which is false or misleading in any material details, commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of 40 laws of Malaysia Act 613 continuing offences further can be fined not more than one thousand dollars for each day the offence continues after convictions.
examination on someone 33. (1) any investigating officer examining a person under paragraph 31 (1) (e) may hold that person for such period as may be necessary to carry out the inspection, which shall not be in any case exceed twenty-four hours without the permission of a magistrate, and may, if necessary, transfer of people in custody to any other places to facilitate the examination.
(2) No person shall be searched under this section except by an investigating officer of the same gender was with the person who inspected it and the examination shall be carried out by giving careful attention to modesty.
obstacles to the exercise of power by an investigating officer 34. any person who — (a) refuses to give any investigating officer access to any premises or refuses to allow himself to be examined;
(b) mengamang preventing menggalang or slow down-delay an officer investigating check-in while he has the right to enter;
(c) fails to comply with any lawful demand any investigating officer in implementing the kewajipannnya under this part;
(d) refuses to give an officer investigating any property, document or information that may reasonably be required from him and that he has the power to give it away;
(e) not submit to, or hide or attempt to hide from, an investigating officer, of any property, records, reports or documents required by an investigating officer;
41Pencegahan anti-money laundering and anti-terrorism financing (f) saving or attempting to save any thing seized accordingly;
(g) give the investigator as true information that he knows or he has reason to believe is false; or (h) before or after any search or seizure, break or otherwise destroy any article to prevent its seizure, or taking of property, record, report or document, commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
provision of information 35. (1) any person who — (a) knows or has reason to suspect that an investigating officer is acting, or proposing to act, in connection with an investigation that is being, or will be, carried out under or for the purposes of this Act or of any subsidiary legislation made thereunder and disclose to any person information or any other matters that may affect the investigation or investigation of a proposed; or (b) knows or has reason to suspect that a disclosure has been made to the investigator under this Act and disclose to any person information or any other matters that might affect any investigation that might be conducted following the disclosure, commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both.
42 laws of Malaysia Act 613 (2) no nothing in subsection (1) makes an offence where a barrister and solicitor or the employees to disclose any information or other matter — (a) to his client or his client in connection with the provision of advice to the clients in carrying out and for the purpose of professional services advocates and lawyers that way; or (b) to any person in anticipation of, or in connection with and for the purposes of any legal proceedings.
(3) subsection (2) shall not apply in respect of any information or other matter the consolidation with a view to achieving any unlawful purpose of law.
(4) in proceedings against a person for an offence under this section, it is a defence if it is proved that — (a) he did not know or suspect that a disclosure made under paragraph (1) (b) that may affect the investigation; or (b) he has the power in law or reason to make the disclosure.
(5) an investigator or any other person is not guilty of an offence under this section in respect of anything done by him while acting in connection with the enforcement, or proposed enforcement, any provision of this Act or any other written law in respect of an offence weight.
to prepare the translation requirements 36. (1) where an officer investigating the find, seize, detain or take possession of any property, reports, records or documents, in whole or in part, in the national language or languages other than English, or in any signal or code, the investigating officer may, orally or in writing, require the person in possession, keeping or 43Pencegahan anti-money laundering and anti-terrorism financing controls the property, records report or document the investigating officer to provide a translation in the national language or English in any period specified by the investigating officer.
(2) No person shall with disedarinya can submit translations under subsection (1) which is not a translation of the document is accurate, true and correct.
(3) any person who fails to comply with the requirements in subsection (1) or contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence, a further fine not exceeding one thousand dollars for each day the offence continues after convictions.
(4) where the person required to provide a translation under subsection (1) not the person suspected to have committed offences, competent authorities or relevant enforcement agencies, as the case may be, may pay reasonable fees and reimburse that person for any reasonable expenses which have been made by him at provide the translation.
surrender of property, records, reports or documents 37. (1) an investigating officer may, by a notice in writing, require any person to deliver to him any property, records, reports or documents which he has reason to suspect that was used in the Commission of an offence under this Act or can help in the investigation of an offence under this Act which is in its possession or custody or under the control of that person or that the person has authority to give him.
(2) an investigating officer may authorize any person to inspect the property, records, reports or documents are detained or taken possession of by the investigator under subsection (1) if that person is entitled to inspect the property, records, reporting or document under this Act.
44 the laws of Malaysia Act 613 (3) a person who — (a) does not deliver any property, records, reports or documents required by an investigating officer; or (b) prevent or menggalang someone investigating officers while exercising any of its powers under subsection (1), commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
seizure of property, records, reports or documents 38. An officer investigators can seize, take possession and keep for a period that it considers necessary, of any property, records, reports or documents produced before it in the inspection under paragraph 32 (2) (a) or (b), or examining a person under subsection 33 (1), to see whether anything related to the investigation, hidden or otherwise, at the person's self.
divestment, records, reports or documents seized 39. (1) an investigator shall, unless ordered otherwise by any court — (a) at the end of an investigation or any proceedings arising from the investigation; or (b) with the prior written consent of the relevant authorities or relevant enforcement agencies, as the case may be, or any investigating officer rank higher thereof, at any time before an investigation is complete, 45Pencegahan anti-money laundering and anti-terrorism financing Act release of any property, records, reports or documents seized, detained or transferred by him or any other investigating officer , to any person specified by him shall have the right in law to property, records, reporting or document if he is satisfied that the property, records, report or document is not needed for the purposes of any prosecution or proceeding under this Act, or for the purpose of any prosecution under any other written law.
(2) the investigating officer performing release under subsection (1) shall record in writing the circumstances of, and reasons for, the discharge.
(3) where an investigating officer was unable to determine those legally entitled to property, records, reports or the document or if more than one person claiming the property, records, report or document, or if the investigating officer is unable to detect the person under subsection (1) who is entitled in law to property, records, report or document, the investigating officer shall report the matter to a magistrate who shall then arrange property , record, report or document as provided in subsection 413 (2), (3) and (4) and section 414, 415 and 416 criminal procedure code [Act 593].
statement may be received 40. record of an inspection under paragraph 32 (2) (a), of any property, records, reports or documents submitted under paragraph 32 (2) (b) or any statement under paragraph 32 (2) (c) shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in any proceedings in any court for, or in relation to, an offence or any other matter under this Act or of any offence under any other written law , regardless of whether the proceedings are against the person being inspected, or producing the property, records, reports or documents, or making a written statement with the oath or pledge, or against any other person.
46 laws of Malaysia Act 613 the investigating officer can arrest without warrant 41. Investigating an officer appointed under section 30 may arrest without warrant a person whom he reasonably suspect has committed or is committing any offence under this Act.
The person arrested shall be handed over to the police officer 42. An investigating officer, other than a police officer, who made the arrest under section 41 shall deliver the person arrested to the nearest police officer or, in the absence of police officer, leading the person to the nearest police station, and the person arrested shall be dealt with according to the law relating to criminal procedure in force as if he was arrested by a police officer.
investigating officers are deemed to be public servants and public servants 43. Investigating an officer shall be deemed to be a public servants for the purposes of the Penal Code [Act 574] and as a public officer for the purposes of criminal procedure.
part Vi Freezing, Seizure And forfeiture of freezing assets 44. (1) subject to section 50, if an enforcement agency, which has the power to enforce the law under which an offence has been committed, weight has reasonable cause to suspect that an offence under subsection 4 (1) or an offence the financing of terrorism has been, is being or will be committed by any person, it may issue an order freeze any property of that person or any property 47Pencegahan anti-money laundering and anti-terrorism financing Act of terrorism , as the case may be, wherever the property is, or in his possession, under his control or to be paid from any source to it.
(2) an order under subsection (1) may include — (a) an order to direct that property, or any part of the property specified in the order, is not disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances, if any, specified in the order; and (b) an order to authorize any authorized officer to take custody and control of the property, or any part of the property specified in the order if the enforcement agency is satisfied that the circumstances so require.
(3) the enforcement agencies in making an order under subsection (1) may give directions to the person named or described in the order of — (a) the terms of the order;
(b) the disposition of the property, for the purposes of — (i) determine any dispute as to the ownership, or other interest of the property or any part thereof;
(ii) the Administration should within the order;
(iii) the payment of debts incurred in good faith due to the creditor before the order;
(iv) the payment of money to the person for a reasonable cost of living by that person and his family; or (v) the payment of the cost of that person for defending himself in criminal proceedings against him; or (c) the methods of such property should be administered or managed.
48 laws of Malaysia Act 613 (4) an order made under subsection (1) may direct that the person so named or described in the order — (a) prohibited, either by himself or by the nominee, brothers, employees or agents, sell, dispose of, charge, back up, transfer of title or otherwise deal with or spend their wealth;
(b) not transfer from or send out of malaysia any money or property; and (c) does not leave or allowed to leave malaysia and shall deliver any travel documents to the Director General of immigration within one week of publication of the order.
(5) an order made under subsection (1) shall cease to have effect after ninety days from the date of the order, if the person against whom the order was made is not charged with an offence under this Act or an offence the financing of terrorism, as the case may be.
(6) an agency power amplifier is not liable for any damages or costs arising directly or indirectly from the making of an order under this section unless it can be proved that the order under subsection (1) is not made in good faith.
(7) If an enforcement agency directing that the property has been frozen is governed and managed, the person who has been charged with the administration of such property shall not be liable for any loss or damage to the property or for the cost of the proceeding taken to prove a claim to the property or an interest of the property unless the Court before which the claim made found that those charged with the administration of the property of negligence with respect to the administration of such property.
seizure of movable property 45. (1) during the investigation of an offence under subsection 4 (1) or an offence the financing of 49Pencegahan anti-money laundering and anti-terrorism financing terrorism, an investigating officer may, upon approval of the investigator the higher rank of it, seize any property over which he has reason to suspect is a matter of the offence or evidence relating to the offence or the property of a terrorist.
(2) a list of all movable property seized pursuant to subsection (1) and place the property were respectively found shall be prepared by the investigating officer executing the seizure and signed by him.
(3) a copy of the list referred to in subsection (2) shall be served as soon as practicable to the owner of the property or to the person from whom the property was seized.
(4) this section shall not apply to any movable property which may be seized under subsection (2) which were in the possession, custody or control of a financial institution.
further provisions relating to the seizure of movable property 46. (1) where any property has been seized under this Act, the seizure shall be carried out by transferring the property from the possession, custody or control of the person from whom the property was seized and put it under the care of any person and at any place, which is determined by the investigating officer.
(2) if impracticable, or otherwise inappropriate, to transfer any movable property under subsection (1), the investigator may be leaving it at the premises of public property is seized under the care of any person specified by him for that purpose.
(3) Notwithstanding subsection (1), if any movable property, including any movable property referred to in subsection (6), have been seized under this Act, an investigating officer, in addition to investigating officers executing the seizure, having 50 laws of Malaysia Act 613 got permission from the investigator to the higher rank of the same, may — (a) return a temporary movable property to the owner , or to the person of the possession, custody or control of the property was seized, or to any person who is entitled to it, subject to such terms and conditions as may be imposed, and subject in any case, the provision of sufficient guarantees to ensure that movable property be deposited when a claim is made by the investigating officer that allows the emission and that the terms and conditions , if any, shall be followed; or (b) return the movable property to the owner, or to the person of the possession, custody or control of the property was seized, or to the person entitled to, movable property that, by giving freedom to people to the property have returned it to dispose of movable, and the return are made subject to the granting of a guarantee that lesser amount not less than the amount that is the open market value of the property on the date the property is returned in such a way.
(4) if any person to whom movable returned temporarily under paragraph (3) (a) does not deliver the movable property upon demand or fails to comply with any term or condition imposed under paragraph that — (a) a guarantee given in respect of movable property shall be forfeited; and (b) the person is guilty of an offence and shall, on conviction, liable to a fine of not less than double the amount of guarantee given by him or to imprisonment for a term not exceeding two years or both, and, in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
(5) If an order of forfeiture made by the Court in respect of movable property that is returned under paragraph (3) (b), the forfeiture shall be executed with the melucuthakkan guarantee given by the person to whom the property has been returned.
51Pencegahan anti-money laundering and anti-terrorism financing Act (6) when any movable property seized under this Act consists of money, securities, shares, stock, debentures or any right in an action that is in its possession or under his custody or control of any person other than the person against whom the prosecution will be made, seizure shall be carried out by an investigating officer that deliver on that person an order of — (a) prohibiting the person using , transfer, or make arrangements about the property; or (b) require such person to surrender the property to the investigator in the manner and within the time specified in the order.
(7) if any movable property seized easily rot or become broken, or the property that cannot be maintained without difficulty, or not practical for maintained and cannot be dealt with under subsection (3), the investigator can sell or cause to be sold the property and shall hold the proceeds of sale, after deduction of costs and expenses maintenance and sale of movable property the While waiting for the results of any proceedings under this Act.
advocates and solicitors shall disclose information 47. (1) Notwithstanding any other law, a judge of the High Court shall, on application made to him in connection with the investigation of any offence under subsection 4 (1) or the offence of financing of terrorism, ordered someone advocates and solicitors that disclose information that can be found by him in respect of any transaction or arrangement relating to any property which may be seized under this Act.
(2) no nothing in subsection (1) may require a person advocates and solicitors to comply with any order under that subsection to the extent that compliance with it would disclose any information or protected communication to its knowledge for the purposes of any proceedings pending.
52 laws of Malaysia Act 613 power probe in connection with a financial institutions 48. (1) Notwithstanding the provisions of any other written law or any of the tenets of the law, the public prosecutor, if he is satisfied that it is necessary for the purposes of any investigation of an offence under subsection 4 (1) or an offence the financing of terrorism, can authorize in writing the investigator to carry out in connection with any financial institution specified in the authorisation the investigation all the powers set out in part V and in subsection (2).
(2) an investigating officer authorized under subsection (1) may, in relation to financial institutions in respect of which he has given such power — (a) examine and take copies of any book, record, report or document which is owned by or is in the possession, custody or control of the financial institution;
(b) examine and take copies of any share account, purchase account, expense account or any other account any person stored in the financial institutions;
(c) examine the contents of any box keep safe on the financial institutions; or (d) requesting any other information in connection with any records, reports, documents, accounts and items referred to in paragraph (a), (b) and (c).
(3) Notwithstanding anything in subsection (2), an investigating officer authorized under subsection (1) may take possession of any books, accounts, records, reports, documents, titles, securities or cash that she had access to him under that subsection if, in the opinion of the officer — (a) its inspection, penyalinannya, or taking extracts therefrom, cannot be reasonably made without taking his possession;
(b) account, books, records, reports, documents, titles, or cash may be interrupted or destroyed unless he takes his possession; or 53Pencegahan anti-money laundering and anti-terrorism financing
(c) account, books, records, reports, documents, titles, or cash that may be required as evidence in any prosecution for an offence under subsection 4 (1), the financing of terrorism an offence or an offence under any other written law.
(4) any person who willfully not or refused to disclose any information or produce any record, book, account, report, document or thing under subsection (2) to the investigating officer authorized under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
(5) if any person to disclose any information or produce any books, accounts, records, reports, documents or items to an investigating officer authorized under subsection (1), the good person who first mentioned nor any other person on his behalf or on the instructions of or as an agent or officer on behalf of the person who first mentioned Act cannot, by reason of the disclosure or production of the , be liable to any prosecution for any offence under any law, or to any proceeding or claim by any person under any law or under any contract, agreement or arrangement, or otherwise.
the power of the Prosecutor to obtain information 49. (1) Notwithstanding any law or pillars of law to the contrary, the public prosecutor, if he has reasonable grounds to believe, based on surveys conducted under this Act, that an offence under subsection 4 (1) or an offence the financing of terrorism has been committed, may by written notice — (a) require any person suspected to have committed the offence;
54 laws of Malaysia Act 613 (b) any relative or associate the person referred to in paragraph (a); or (c) any other person the public prosecutor has reason to believe is able to assist in the investigation, to provide a written statement with the vow or pledge — (aa) that identifies every property, whether movable or immovable, whether within or outside malaysia, which owned or owned, or with which he has any interest, either in law or equity , and stating the date of each property is obtained and the manner in which the property is acquired, either by way of any transaction, bekues, protect, inheritance, or any other means;
(bb) that identifies every property sent out of malaysia by him or on his behalf within the period specified in the notice;
(cc) specifying the value estimates and the place is the location of each property identified under subparagraph (aa) and (bb), and if any property could not be known to seat, the reason why;
(dd) specifying in respect of each property identified under subparagraph (aa) and (bb) whether the property held by him or by any other person on his behalf, whether the property has been transferred, sold or stored by any person, whether such property has declined in value since he memperolehnya, and whether the property has blend in with other property which cannot be separated or divided without difficulty;
(ee) which sets out all the other information in respect of his property, his business, pengembaraannya or other activities as specified in the notice; and (ff) stating all sources of income, proceeds or property.
55Pencegahan anti-money laundering and anti-terrorism financing (2) an officer of any financial institution, or any person who in any way or up to any extent responsible for the management and control of the Affairs of any financial institution, shall provide copies of all records, books, accounts, reports or documents relating to any person to whom notice may be issued under subsection (1).
(3) every person to whom a notice is sent by the Prosecutor under subsection (1) shall, notwithstanding any law or pillars of law to the contrary, to comply with the terms of the notice within the time specified in the notice, and any person who willfully ignore or do not comply with the terms of the notice commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both , and, in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
(4) every person to whom a notice or instruction has been submitted by the public prosecutor under this section bound to state the truth and shall disclose any information which he knows, or available to it, or which can be obtained by him.
(5) if any person to disclose any information or produce any record, book, account, report or document, as the answer to a notice under subsection (1), the person, his agents or employees, or any other person acting on his behalf or on the instructions, can not, solely by reason of the disclosure or submission that, prosecuted for any offence under any law, or any proceeding or claim by any person under any law or under any contract , agreement or arrangement, or otherwise.
(6) subsection (5) is not menggalang, prevent or prohibit commencement of any prosecution for such offences as provided by this section or the giving of false information in respect of any statement with vow or pledge given to the Prosecutor pursuant to this section.
56 laws of Malaysia Act 613 seizure of movable property of financial institutions 50. (1) if the Prosecutor is satisfied based on information given to him by an investigating officer that any movable property, including any instrument or any increase in him, which becomes matter of an offence under subsection 4 (1) or an offence of financing terrorism or evidence relating to the Commission of the offence or which is terrorist property, have in possession, custody or control of a financial institution , he may, notwithstanding any law or other legal pillars, after consultation with bank negara malaysia, Securities Commission or the Board of labuan offshore financial services, as the case may be, by order direct the financial institution so as not to let go of, dealing about or otherwise dispose of the property or any part thereof until the order is revoked or changed.
(2) a financial institution or any agent or employee of a financial institution may not, by reason of complying with the order of the public prosecutor under subsection (1), alleged under any law or any proceeding or claim by any person under any law or under any contract, agreement, or arrangement, or otherwise.
(3) any person who fails to comply with an order of the public prosecutor under subsection (1) commits an offence and shall, on conviction, liable to a fine not exceeding twice the amount released, managed, or otherwise disposed of in violation of the order of the public prosecutor or a million dollars, whichever is higher, or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence be liable to a fine not exceeding one thousand dollars for each day the offence continues after convictions.
(4) in this section, "financial instrument" includes domestic currency or any foreign currency, travellers cheques, personal cheques, bank cheques, money orders, investment securities or negotiable instruments in bearer form or otherwise in such form that title thereto switch upon delivery or upon delivery and recorded.
57Pencegahan anti-money laundering and anti-terrorism financing Act seizure immovable 51. (1) if the Prosecutor is satisfied based on information given to him by an investigating officer that any immovable property is a matter of an offence under subsection 4 (1) or an offence of financing terrorism or evidence of the offence or the property terrorist property, it can be seized, and seizure shall be executed — (a) with the issuance of a notice of seizure by the Prosecutor stating details of immovable property seized that as far as he knows the details , and prohibits all Affairs of the immovable property;
(b) by posting a copy of the notice in two newspaper distributed in malaysia, one in the national language and the other in English; and
(c) by delivering a copy of the notice to the land administrator or Registrar of titles, as the case may be, in Peninsular malaysia, or Registrar of titles or collector of land revenue, as the case may be, in Sabah, or to the Director of lands and surveys or the Registrar in charge of the land title, as the case may be, in Sarawak, for a is the location of the immovable property.
(2) the land administrator, collector of land revenue, the Director of lands and surveys, the Registrar or the Registrar in charge of the land title, as the case may be, referred to in subsection (1) shall immediately when delivered to him a notice of Seizure under subsection that recorded the terms of notice of seizure on a document of title in respect of the immovable property in the register in his Office.
(3) If an entry of a notice of Seizure has been made under subsection (2), the notice shall have effect prohibits all affairs in respect of immovable property, and after the entry has been made no arrangements with respect to immovable property that can be registered, regardless of whether the 58 laws of Malaysia Act 613 such arrangements be implemented before or after the issuance of the notice or the making of the record.
(4) subsection (3) shall not apply to a business which is carried out by a public body upon its properties 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.
(5) any person who contravenes subsection (2) or (3) or do any act which produce, or result in, a breach of subsection (2) or (3) commits an offence and shall, on conviction, liable to a fine not exceeding twice the value of the property in respect of which the order of the public prosecutor has been violated, or a million dollars, whichever is higher, or can be imprisoned for a term not exceeding one year or both , and, in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
(6) If a notice of Seizure has been issued under subsection (1), the proprietor of the registered immovable property seized under the notice, or any other person having any interest on immovable property that, who know about the notice, and with disedarinya to make any agreement with any person to sell, transfer, or otherwise dispose of title or make arrangements about , the entire or part of the immovable property is guilty of an offence and shall, on conviction, liable to a fine not exceeding twice the value of the property or a million dollars, whichever is higher, or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
Special provisions relating to the seizure of 52 business. (1) If an enforcement agency has reason to believe that any business — (a) being undertaken by or on behalf of any person against whom a prosecution for an offence in 59Pencegahan anti-money laundering and anti-terrorism financing act under subsection 4 (1) or an offence the financing of terrorism intended to start;
(b) being undertaken by or on behalf of a relative or an affiliate of such person;
(c) is a business person, or a brother or its affiliates, has an interest or which carry the right of not less than thirty per cent of the total of the business; or (d) is a business with which such person or brother or its affiliates has management control or effective control, whether singly or together, the enforcement agencies can seize the business in the manner provided under this part or by a written order — (aa) direct the extent and manner in which the business can be carried out;
(bb) determine any person to supervise, direct or control the business, including his account, or doing business or any part of that business may determine;
(cc) direct that all or any proportion of revenue or business profits paid to the Accountant General and kept by him pending further instructions in respect made by the enforcement agencies;
(dd) prohibits any Director, officer or employee or any other person involved in any way in business is to take effect from the date of the letter of the ban; or (ee) direct that the premises of the place of business is closed and, if necessary or expedient, placed under control or custody.
(2) where an order is made by an enforcement agency under subsection (1), it may include in the order, or can then provide any further instructions orally or in writing incidental or contiguous, 60 laws of Malaysia Act 613 or required, to give effect to, or for the conduct, the order.
(3) an order under subsection (1) may at any time be varied or revoked by an enforcement agency and if it has changed or to cancel the order, it may give any direction which is incidental or contiguous, or necessary, to give effect to, or for the conduct, changes or cancellation.
(4) subject to subsection (5), either the Federal Government or of any person shall not, arising from any order under subsection (1), is responsible for the payment of any money, dues, debts, liabilities or charges payable to any person in respect of that business, or in respect of any movable or immovable property that is owned, owned, occupied or used, by any person in respect of that business.
(5) where a person carrying on any such business activities in accordance with an order under subsection (1), he shall be responsible for the payment of the wages involved in carrying out any work in connection with the activity for a period of time that the person carrying out the activity, and the salary shall be paid out of profits derived from such activities or, if no such profit or if the profit is not enough , of the assets and the assets of the business.
(6) in this section — (a) "salary" means the salary payable under a service contract between employees with that business; (b) "business" means any business registered under any written law which provide for the registration of businesses and includes organizations incorporated or registered under the companies Act 1965 and the company as defined in section 3.
prohibition on dealing with property outside Malaysia 53. If the Prosecutor is satisfied that any property is a matter of an offence under subsection 4 (1) or 61Pencegahan anti-money laundering and anti-terrorism financing Act an offence the financing of violence or has been used in committed such offence or is a terrorist property, and the property is held or deposited outside malaysia, he may make an application submitted by affidavit to a judge of the High Court to seek an order prohibiting the person who holds the property or that the property is deposited with it make arrangements of such property.
Make travel arrangements on the property after the seizure is invalid 54. (1) where any property has been seized under this Act, and subject to seizure was still in force, any business undertaken by any person or between any person in respect of such property, except any business carried out under this Act by an officer of a public body upon its properties 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, is null and void, and shall not be registered or otherwise given effect by any person or authority.
(2) subsection (1) shall be in addition to and does not reduce subsection 51 (3) and (4).
(3) as long as a seizure of any property under this Act in force, no action, suit or other proceeding of a civil can be started, or if the action, suit or other proceeding is pending before the seizure that, maintained or continued in any court or before any other authority in respect of property that was seized, and no such detention, execution or other process of such can be started , and if any such process pending before the seizure that, maintained or continued, in respect of the property by reason of any claims, judgments or decrees, irrespective of whether the claim has been made or judgment or decree was granted, before or after the seizure that exercised, except on the requirements of the Federal Government or the Government of a State, or for the needs of a local authority or other statutory authorities , or except with the prior written consent of the public prosecutor.
62 laws of Malaysia Act 613 forfeiture of property when there is a prosecution for an offence 55. (1) subject to section 61, in any prosecution for an offence under subsection 4 (1) or an offence the financing of terrorism, the Court shall make an order for the forfeiture of any property which proved to be matter of the offence or has been used in committed such offence or terrorist property is evident if — (a) the offence has been proved against the accused; or (b) the offence is not proved against the accused but the Court is satisfied — (i) that the accused is not the owner of the property a real and valid; and (ii) that no other person is entitled to such property as the buyer in good faith with valuable replies.
(2) if the offence is proved against the accused but the property referred to in subsection (1) have been disposed of or could not be located, the Court shall order that the accused pay as penalty a sum of money equal to, in the opinion of the Court, the value of the property, and any such penalty shall can be retrieved as a penalty.
(3) in determining whether the property is a matter of an offence or has been used in the Commission of an offence under subsection 4 (1) or an offence the financing of terrorism or a terrorist property the Court shall use the standard of proof required in civil proceedings.
forfeiture of property if there is no prosecution 56. (1) subject to section 61, if in respect of any property that has been frozen or seized under this Act No prosecution or conviction for an offence under subsection 4 (1) or an offence the financing of terrorism, 63Pencegahan anti-money laundering and anti-terrorism financing Act the public prosecutor may, before the expiry of twelve months from the date of seizure and freezing it, apply to a judge of the High Court to get an order of forfeiture of the property if he is satisfied that the property has been obtained as a result of or in connection with an offence under subsection 4 (1) or an offence the financing of terrorism, as the case may be, or is the property of a terrorist.
(2) a judge to whom an application is made under subsection (1) shall make an order for the forfeiture of the property if he is satisfied — (a) that the property is matter or has been used in committing an offence under subsection 4 (1) or an offence the financing of terrorism or a terrorist property; and (b) that no purchase of good faith with valuable replies in respect of such property.
(3) any property that has been seized and in respect of which no application is made under subsection (1) shall, upon the expiration of twelve months from the date of its seizure, released to the person from whom the property was seized.
(4) in determining whether or not such property has been acquired as a result of or in connection with an offence under subsection 4 (1) or an offence the financing of terrorism or a terrorist property, the Court shall use the standard of proof required in civil proceedings.
the validity of the freezing, seizure or sale of 57. If freezing, seizure or sale of any property has been implemented under this Act, the validity of the freezing, seizure or sale, or any other form of disposal of such property, or for any destruction of property in accordance with the provisions of this Act, a consequence of which the freezing, seizure or sale that, unaffected by any objection about it in relation to the manner in which the freezing, seizure or sale is executed, or freezing , seizure or sale of 64 laws of Malaysia Act 613 is executed, or people having been executed, or the person to whom any notice of freezing, seizure or sale has been given, or left of the given, or any failure to comply with any provision of the code in this Act or any other written law in implementing the freezing, seizure or sale it.
vesting date property dilucuthakkan 58 at the Federal Government. (1) where any property dilucuthakkan under this Act, such property shall be vested in the Federal Government are free from any right, interest or burden of any person except the right, interest or burden held by a good faith purchaser with valuable consideration and who does not otherwise null and void under any of the provisions of this Act.
(2) if any person holding any burden to which the property is subject to demands that he hold the burden of it as a good faith purchaser with valuable consideration and that the burden is not otherwise null and void under any of the provisions of this Act, and the Federal Government is disputing the claim, the Prosecutor may apply to the Court Sessions so that the question and the Court decides may decide the question after giving an opportunity to be heard to those who hold the burden of that and listen to the answer of the Prosecutor Raya of any representations made in front of the Court by the person who holds the burden of it.
(3) where any property vested in the Federal Government under subsection (1), the vesting provisions shall become effective without any transfer of title, transfer of rights, deed or other instrument and if anything the vesting date registration is required under any law, the authorities authorized to carry out the registration shall do so in the name of any public officer or authority , the person or body specified by the public prosecutor.
(4) if the property vested in the Federal Government under subsection (1) is immovable property, the vesting provisions 65Pencegahan anti-money laundering and anti-terrorism financing Act must, when forwarded to the Registrar of titles or land administrator, in Peninsular malaysia, or to the Registrar of titles or Collector of land revenue at Sabah or Registrar of titles or the Director of lands and surveys, as the case may be , in the State of an order of the Court of melucuthakkan the immovable property, or in the case of property that is dilucuthakkan under subsection 55 (1), a certificate of the public prosecutor confirmed that the property has dilucuthakkan, shall be registered in the name of federal lands Commissioner.
financial order 59. (1) on application by an agency power amplifier to the sessions Court, an order of financial penalty can be made against a person from whom the property was dilucuthakkan in respect of interest earned by that person from the Commission of an offence under subsection 4 (1) or an offence the financing of terrorism or of terrorist property.
(2) where — (a) an application made to the Court for an order under subsection (1) in respect of benefits acquired by a person from the Commission of an offence under subsection 4 (1) or an offence the financing of terrorism or of terrorist property; and (b) the Court is satisfied that the person obtaining benefits from the offence or of terrorist property, the Court may, if it thinks fit, to assess in the manner prescribed by the Minister of Home Affairs by order published in the Gazette, the value of the benefit obtained and ordered that the person pay to the Federal Government a financial penalty equivalent to the amount of the penalty.
(3) If an order of forfeiture made under section 55 or 56 against any property that is the proceeds of an offence under subsection 4 (1) or an offence the financing of terrorism or of terrorist property, 66 laws of Malaysia Act 613 financial penalty payable under subsection (2) shall be reduced by an amount equal to the value of the property at the time the order is made under subsection (2).
(4) in determining whether or not any interest acquired arising from an offence under subsection 4 (1) or an offence the financing of terrorism or of terrorist property the Court shall use the standard proof required in civil proceedings.
release of property seized
60. (1) if the property has been seized under this Act, an officer investigating other investigating officers executing the seizure, may at any time before the property dilucuthakkan under this Act relieve the property to any person specified by him shall have the right in law to the property if he is satisfied that the property is not subject to forfeiture under this Act or otherwise required for the purposes of any proceedings under this Act , or for the purpose of any prosecution under any other law, and in the case of such a good officer who perform the seizure, or even the Federal Government or any person acting on behalf of the Federal Government, shall not be liable to any proceedings by any person if the seizure and release that has been implemented in good faith.
(2) an officer exercising any release of any property under subsection (1) shall make a written record with respect to the release, stating in the record in detail the circumstances and the reason for, the relief, and he shall send a copy of the record to the public prosecutor.
third party good faith 61. (1) the provisions of this section shall apply without prejudice to the rights of any third party that good faith.
(2) the Court that made the order of forfeiture under section 55 or a judge to whom an application is made 67Pencegahan anti-money laundering and anti-terrorism financing act under subsection 56 (1) shall cause to be published a notice in the Gazette calling any third-party claim has any interest on the property so as to appear before the Court on the date specified in the notice to show cause why such property cannot be dilucuthakkan.
(3) the absence of good faith on the part of third concluded, by a court or an agency power amplifier, from circumstances of objectives it.
(4) the Court or enforcement agency shall return the property to the claimant when it is satisfied that — (a) the claimant has a legitimate interest in law about the property;
(b) no confidential intake parts, coalition or involvement in respect of an offence under subsection 4 (1) or the offence of financing of terrorism, which are the purpose of the proceedings can be associated with the claimant;
(c) the claimant did not know and the only culpable about unlawful use of the property, or if he knows, not by voluntary consent to the unlawful use of the property;
(d) the claimant is not acquiring any right on the property of a person against whom action is taken under the circumstances giving rise to the reasonable conclusion that any right of ownership have been transferred for the purpose of avoiding the forfeiture of such property in the end then; and (e) the claimant has done all that could reasonably be expected to prevent the unlawful use of such property.
disposal of property dilucuthakkan 62. When the property is not required in order to be destroyed and which are not harmful to the public has been dilucuthakkan in 68 laws of Malaysia Act 613 section 55 or 56, court or an agency power amplifier can, according to the law — (a) m e n y i m p a n n y a u n t u k k e g u n a r r a s a n m i , a t u move it to the Federal Government; or (b) sell and transfer the proceeds from sale of the Federal Government.
Those who escape 63. (1) for the purposes of this Act, a person shall be considered as if has been convicted of an offence if the person weight escape in connection with an offence and any reference in this section about the defendant shall include references to that person.
(2) for the purposes of subsection (1), a person shall be considered as if he had fled in connection with an offence weight if, before or after the date of commencement of — (a) an investigation of an offence have been instituted against the weight of the person; and (b) such person — (i) dies before proceedings in respect of the offence begins, or if such proceedings have been initiated, the person dies before he is convicted of the offence; or (ii) at the end of a period of six months from the date of the investigation referred to in paragraph (a) is started against him, could not be found, captured or extradited.
order of forfeiture if someone flee 64. If a person, by virtue of section 63, is considered as if he has been convicted of an offence, this Court may make an order of forfeiture under this section if the Court is satisfied — (a) on the basis of the evidence produced before it that, based on the balance of probabilities, the person absconded; and 69Pencegahan anti-money laundering and anti-terrorism financing (b) after taking into account all the evidence before the Court, that such evidence if not contradicted will cause him convicted of the offence.
effect of death of the proceeding 65. (1) proceedings under section 64 shall be instituted or continued against the personal representatives of the defendant is dead or, if there are no personal representative, any beneficiary of the deceased's estate may be determined by the Court on the application of the public prosecutor.
(2) where the powers conferred by this Act to make an order to be entered into in relation to a person the defendant is dead, the order shall be made against the estate of the defendant is dead.
(3) in this section, "the defendant is dead" means a person who — (a) after an investigation about a heavy offence have been instituted against him; and (b) before proceeding in respect of that offence have been instituted, or if such proceedings have been initiated before he was convicted of the offence.
(4) in this section, any references to property or interests of property shall include references to the income or property interest accrued from it.
the delivery of a document to those who escape 66. If any document required under this Act so that submitted to someone who could not be located or residing outside malaysia and cannot be forced to appear before a court in respect of proceedings under this Act, the Court can waive the presentation of the document to him and the proceedings may be continued and ended with the final in his absence.
70 laws of Malaysia Act 613 part Via PenumPaSan the offence of financing of terrorism and Freezing, Seizure And forfeiture of Terrorist property in relation to the interpretation of this section 66A. (1) in this part, unless the context otherwise requires — "specified entity" means an entity in respect of which an order under section 66b is made, or deemed to have been made because the currency of 66c subsection (2), and in force;
"acts of violence" have the same meaning as in section 130b of the Penal Code;
"regulatory authorities or surveillance related" includes bank negara malaysia, Securities Commission and the Board of labuan offshore financial services.
the Declaration of the entity specified 66b. (1) if the Minister of Home Affairs is satisfied based on the information provided to him by a police officer that — (a) an entity has with disedarinya do, try to commit, participate in or facilitate the Commission of acts, an act of terrorism; or (b) an entity is with disedarinya acting on behalf of, according to the instructions, or by associated with, an entity referred to in paragraph (a), the Minister of Home Affairs may, by order published in the Gazette, declare the entities as entity is established.
(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 regulatory authorities or 71Pencegahan anti-money laundering and anti-terrorism financing surveillance related or any other body or agency as may be fit by Minister of Home Affairs.
(3) where an order under subsection (1) has been made — (a) no Malaysian citizen and there are bodies corporate incorporated in malaysia can be in or outside malaysia with its discovery provide or collect by any means, directly or indirectly, assets with the intention that the property is used, or by realizing that the property will be used, by a specified entity;
(b) no citizen of malaysia and there are bodies corporate incorporated in malaysia can be in or outside malaysia with disedarinya — (i) make, directly or indirectly, of any property of a specified entities, including funds derived or generated from property owned or controlled directly or indirectly by the entity;
(ii) make or facilitate, directly or indirectly, any transaction in relation to a matter referred to in subparagraph (i);
(iii) grant any financial services or other related services in respect of property referred to in subparagraph (i); or
(iv) provide any property or any financial services or other related services, directly or indirectly, for the benefit of a specified entity;
(c) no Malaysian citizen and there are bodies corporate incorporated in malaysia can be in or outside malaysia with disedarinya do anything that causes, assists or promotes, or is intended to cause, assist or promote, any activity prohibited by paragraph (a) or (b);
72 the laws of Malaysia Act 613 (d) every Malaysian citizen and every body corporate which is incorporated in malaysia shall immediately disclose to the Chief of police of — (i) the existence of property in their possession or control that a citizen or body corporate that has reason to believe is owned or controlled by or on behalf of a specified entity; and (ii) information about a transaction or proposed transaction in respect of property referred to in subparagraph (i).
(4) any person who contravenes subsection (3) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both.
(5) where an order under subsection (1) is made, all rights and interests that secure and insecure held by a person, other than a specified entity or its agent, of a frozen property are entitled to the same order that should have been entitled to found by the rights and interests that if such property is not frozen.
(6) a specified entity may, within sixty days from the publication of the order in the Gazette, make an application in writing to the Minister of Home Affairs for revocation of an order made under subsection (1), or deemed under section 66c has been made in respect of the entity.
(7) If, on an application made under subsection (6), Minister of Home Affairs — (a) Decides that there is a reason for cancellation of the order, the Ministry of Interior shall revoke the order and publish an order cancellation in the Gazette; or (b) decide that there is no reason for the cancellation of the order, the Ministry of Interior shall reject the application and shall, within sixty days from receipt of the application, notify the applicant of its decision.
(8) the decision of the Minister of Home Affairs under subsection (7) shall be final.
73Pencegahan anti-money laundering and anti-terrorism financing (9) unless cancelled in advance under paragraph (7) (a), the Minister of Interior shall review an order made under subsection (1) every six months to determine whether there are still reasonable grounds, as set out in subsection (1), to the order continues to apply to the specified entity, and if the Home Minister determines that there are reasonable grounds such , he shall immediately cancel the order made under subsection (1) that in respect of the specified entity.
(10) an order under this section shall not apply to funds and financial assets or other economic resources or any part of the funds, assets or resources is determined by the Minister of Home Affairs as — (a) necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utilities charges, or exclusively for payment of reasonable professional fees and reimbursement of expenses incurred in connection with the provision of legal services , or fees or service charges for holding or maintenance of common funds or financial assets or other economic resources frozen it; or (b) necessary for extraordinary expenses approved by the Minister of Home Affairs, and if such order has been made in relation to funds, financial assets or economic resources or any part thereof, the Minister of Home Affairs may, subject to such terms and conditions fit by it, change the order and allow the access to funds, assets or resources that.
(11) If an order under subsection (1) has been made, the Minister of Interior shall direct the regulatory authorities or relevant surveillance so that issuing such orders, instructions or circulars to a regulated institution or diawasinya to facilitate the implementation of the order and the regulatory authorities or the supervision shall comply with such instructions.
74 laws of Malaysia Act 613 commands for implementing measures to give effect to Security Council resolutions 66c. (1) if the Security Council of the United Nations decides, pursuant to article 41 of the United Nations Charter, on steps that should be used to give effect to any decision and asked the Malaysian Government to implement the measures, Minister of Home Affairs may, by order published in the Gazette, make such provisions as it deems necessary or expedient to enable such measures to be implemented effectively.
(2) If an order under subsection (1) make provision which means that there are reasonable grounds to believe that an entity specified in the order is involved in acts of terrorism, an order under subsection (1) shall be deemed to be, starting from the date of the order, as an order that declared the entity as an entity is determined under subsection 66b (1).
(3) an order under subsection (1) shall not apply to funds and financial assets or other economic resources or any part of the funds, assets or resources that have been determined by the Minister in the State as of — (a) necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utilities charges, or exclusively for payment of reasonable professional fees and reimbursement of expenses incurred in connection with the provision of legal services , or fees or service charges for holding or maintenance of common funds or financial assets or other economic resources frozen it; or (b) necessary for extraordinary expenses approved by the Minister of Home Affairs, and if such order has been made in relation to funds, financial assets or economic resources or any part of the funds, assets or resources that, Minister of Home Affairs may, subject to such terms and conditions as may appear appropriate, change the order and allow the access to funds, assets or resources that.
75Pencegahan anti-money laundering and anti-terrorism financing Act of Minister for information 66d. (1) the Minister of Home Affairs may, by order published in the Gazette, require any person or class of persons so as to determine within the period specified in such order whether they own or control of terrorist property or property that is owned or controlled by or on behalf of any entity is established.
(2) an order made under subsection (1) may require any person or class of persons specified therein in order to report to regulatory authorities or surveillance related and in any fixed period specified in the order — (a) whether they own or control of any property referred to in subsection (1); and (b) if they own 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 in which the property is in the possession of them; and (iv) any other particulars as may be specified in the order.
(3) the supervisory or regulatory authority shall promptly report to the Minister of Home Affairs if any person or class of persons under their supervision or regulation are found to own or control of terrorist property or property that is owned or controlled by or on behalf of any entity is established.
(4) no proceedings in criminal, civil or disciplinary can be brought against a person for making a report in good faith under subsection (2).
(5) any person who contravenes any order made under this section commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both.
76 laws of Malaysia Act 613 (6) the provisions of this section shall have effect notwithstanding any obligation as to secrecy or other restriction on disclosure of information imposed by any law or otherwise.
directives and guidelines to meet their international obligations the Government 66e. (1) for the purposes of this section, the supervisory or regulatory authority may issue such directives and guidelines to the institutions under their regulation or supervision as may be found necessary by the regulatory authority or the monitoring to perform 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 an instruction or guideline issued under subsection (1) shall comply with the instructions or guidelines that notwithstanding any other obligations imposed on the institution by any pillars of law, written law or contract.
(3) an institution may not, in carrying out any act to comply with any instructions or guidelines made under subsection (1), be deemed to be in breach of any of the five pillars of the law, written law or contract.
(4) an institution may not disclose any directives or guidelines issued under subsection (1) if regulatory authorities or surveillance related, as the case may be, notify the institution that regulatory authorities or surveillance related, as the case may be, is of the opinion that disclosure of instructions or guidelines is contrary to the public interest.
(5) any institution that — (a) does not or refuses to comply with an instruction or guideline issued to him;
(b) contravene any instruction or guideline issued to him; or 77Pencegahan anti-money laundering and anti-terrorism financing (c) disclose an instruction or guideline issued to him in contravention of subsection (4), commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit.
(6) regulatory authorities or the supervision shall report to the Minister of Home Affairs and the Minister of finance action taken under this section every six months or as may be required by the Minister respectively.
saving for an order made under the Exchange Control Act 1953 and the Board of labuan offshore financial services 1996 66f. (1) an order made under section 44 the Exchange Control Act 1953 [Act 17] and subsection 4 (5) of the Act the Board of labuan offshore financial services 1996 for the purpose of implementing the measures against terrorism required by the Security Council of the United Nations and in force immediately before this section comes into operation shall be deemed to have been lawfully made under section 66c and shall remain in force and effect until the order is revoked or replaced under section this.
(2) after this section comes into operation, no order under section 44 the Exchange Control Act 1953 or subsection 4 (5) of the Act the Board of labuan offshore financial services 1996 can be made if section 66b or 66c apply.
part Vii miscellaneous property detection 67. (1) if the competent authority or an agency power amplifier, as the case may be, has reason to believe that a person is committing, has committed or will commit an offence under 78 laws of Malaysia Act 613 of this Act or of an offence the financing of terrorism, the competent authority or agency of that enforcement, as the case may be, may order — (a) that any document relating to the identification of , finding the right or summation of any property, or identification or finding any documents necessary for the transfer of title of the property, which is owned by, or is in the possession or under the control of that person or any other person, given to them; or (b) any person submitting information on any transaction effected by or for that person with the person first mentioned.
(2) any person who fails to comply with an order under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence, a further fine not exceeding one thousand dollars for each day the offence continues after convictions.
the extra power authorities and enforcement agencies 68. (1) for the avoidance of doubt, the function given to the competent authority or an agency power amplifier under this Act shall be in addition to its functions under any other written law.
(2) If an enforcement agencies that enforce the law under which an offence related weight was done collecting evidence with respect to any investigation of that offence, it shall be considered as evidence that has been collected in accordance with this Act.
provocation agent 69. (1) Notwithstanding any law or pillars of law to the contrary, in any proceeding 79Pencegahan anti-money laundering and anti-terrorism financing act against any person for an offence under this Act, there are no agents of provocation, whether he is an officer of an enforcement agency or not, may be considered unreliable simply because he has tried to do or an accomplice in, or have been colluding or engaging in a criminal conspiracy to commit the offence, if the main purpose of testing, the participation or abetment is to obtain evidence against that person.
(2) Notwithstanding any law or pillars of law to the contrary, a conviction for any offence under this Act based solely on the evidence without the support of any agents of provocation is not null and there is no such conviction may be set aside only because the Court that tried the case has not been mentioned in the reasons for his judgment the needs so as to remind him of the danger of making a conviction based on such evidence.
standard proof 70. (1) any question of fact determined by the Court in proceedings under this Act shall be decided based on the balance of probabilities.
(2) subsection (1) shall not apply in respect of any question of fact to be proved by the prosecution in any proceedings for an offence under this Act or any subsidiary legislation thereunder.
admissibility of evidence dokumentar 71. If the public prosecutor or any enforcement agency has secured any documents or other evidence in the exercise of its powers under this Act or by virtue of this Act, a document or a copy of documents or other evidence, as the case may be, shall be admissible as evidence in any proceedings under this Act, notwithstanding anything to the contrary in any written law.
80 laws of Malaysia Act 613 admissibility of a statement by the accused person is 72. (1) in any trial or investigation by a Court of an offence under this Act, any statement, whether the statement was the same as a confessions or not or orally or in writing, made at any time, whether before or after the person charged and either during investigation or not and whether or not as a whole or in part at answering the questions , by an accused person to be heard in person or by any officer or enforcement agency, whether or not translated to him by any other officers of the enforcement agency or any other person, whether or not involved in the arrest of that person, shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in the trial of the person and If the person submitting himself as a witness, any such statement can be used in cross-examination and for the purpose of challenging credibility.
(2) no statement made under subsection (1) may be admitted or used as provided in that subsection if the making of the statement turned out to be on the Court has been caused by any inducement, threat or promise relating to the charge against the man, who came from someone within the enforcement agency and sufficient, in the opinion of the Court, to give that person the reason that in its opinion are reasonable to expect that by making the statement he will get any benefits or avoid nothing comes to the worldly in connection with proceedings against him.
(3) if any person arrested or informed that he may be prosecuted for any offence under this Act, shall be conveyed to him a written notice, which shall be explained to him, which means as follows: "you have been arrested/given that you might be prosecuted on the ... ... more (an offence under this Act that may be charged). do you want to say anything? If there is any facts you want to use in the defense of you in court, you are advised that it is the 81Pencegahan anti-money laundering and anti-terrorism financing Act now. If you don't mention it until you go to court, the less possibility of evidence you will be reliable and will bring adverse effects to the case you generally. If you want to specify any fact now, and you want it written, this will be done. ".
(4) Notwithstanding subsection (3), any statement by any person accused of committing any offence under this Act made before there is time to serve notice under that subsection shall not be admissible as evidence simply because no such notice is delivered to it if such notices served on it as soon as reasonably possible after the statement was made.
(5) no statement made by an accused person in answering a written notice delivered to him pursuant to subsection (3) shall be construed as a statement that is caused by any inducement, threat or promise as described in subsection (2), if the statement was made otherwise voluntary.
(6) where in any criminal proceedings against someone on an offence under this Act, evidence is given that the accused, when informed that he may be prosecuted for it, failed to declare any fact, namely the fact that in the circumstances prevailing at the time that he reasonably be expected to mention it when so informed, the Court in determining whether the prosecution has already proved prima facie case against the accused and in determining whether the accused is guilty of the offence charged with , can make any conclusions from the failure as in its opinion should be; and that failure can, based on the conclusions, considered, or as can be equated as, support any evidence against the accused related to it that failure is a matter of material.
(7) there is nothing whatsoever in the subsection (6) may be in any criminal proceedings — (a) prejudice the admissibility as evidence of silence or any other reactions of the accused during any alleged in his presence whatsoever in respect of the 82 laws of Malaysia Act 613 with conduct in respect of which he is charged, to the extent such evidence are acceptable other than by virtue of that subsection; or (b) is calculated as prevent the making of any conclusions from any silence or other reactions that can be made in addition to the accused by virtue of that subsection.
admissibility of statements and documents of the person is dead or cannot be detected, etc.
73. Notwithstanding any other written law to the contrary, in any proceedings against any person on any offence under this Act — (a) any statement made by any person to an officer any power amplifier Agency during an investigation under this Act; and (b) any document, or copies of any documents, seized from any person by an officer of any enforcement agency in the exercise of its powers under this Act, shall be admissible as evidence in any proceedings under this Act before any court, if the person making the statement or document or a copy of the document is dead, or could not be located or found , or are already a unable to give evidence, or that his presence could not be obtained without unnecessary delay or expense which in the opinion of the Court is not reasonable.
acceptability of the translation of documents 74. (1) if any document 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 in English, the translation of the document in the national language or English shall be admissible in evidence if the translation included 83Pencegahan anti-money laundering and anti-terrorism financing act with a certificate of the person who translates the document stating that the translation is accurate translation , true and correct and the translation was made by that person on the requirements of the public prosecutor or an officer of any enforcement agency.
(2) subsection (1) shall apply to a document translated, regardless of whether the document was made in or outside malaysia, or whether the translation was made in or outside malaysia, or whether ownership of the document was obtained by the public prosecutor or an officer of any enforcement agency within or outside malaysia.
a description of a corresponding law or foreign law 75. (1) a document purporting to be issued by or on behalf of the Government of a foreign country and purporting to disclose the terms of — (a) a law equivalent to that in force in the foreign country; or (b) a law in relation to an offence heavy foreign force in the foreign country, shall be admissible as evidence for the purpose of proving a matter referred to in subsection (2) in any proceedings under this Act when the document is submitted by the Attorney General or by any person duly authorised by him in writing.
(2) a document shall be sufficient evidence of — (a) if issued by or on behalf of the Government of a foreign country specified in the document;
(b) that the terms of the law or the equivalent foreign laws that are as stated in the document; and 84 laws of Malaysia Act 613 (c) that any facts stated in the document as forming an offence under law is indeed constitute the offence.
proof of convictions and the release of 76. (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 as evidence for the purpose of proving, if in relation to any issue in the proceedings, that he has committed or not committed such offence, whether or not he becomes a party to the proceedings , and if he has been convicted whether he has such conviction based on a plea of guilty or otherwise.
(2) the Court shall accept the conviction referred to in subsection (1) as final unless — (a) the conviction is subject to review or appeal that has not been determined;
(b) the conviction has been reversed or set aside; or (c) the Court has the view that contrary to the interests of Justice or public interest to accept the convictions as final.
(3) an evident has been convicted of an offence under this section shall be deemed to have committed the Act and have had a State of mind, if any, under the law constitute the offence.
(4) any convictions or acquittals acceptable under this section may be proved — (a) in the case of a company or of liberation in front of a court in malaysia, with a certificate of the company or of liberation, signed by the Registrar of the Court; or (b) in the case of a company or of liberation before a foreign court, by a certificate or record 85Pencegahan anti-money laundering and anti-terrorism financing official certified issued by foreign courts and confirmed properly seal a Minister of the foreign country, which gives it body and the effect of the charge and convictions or acquittal.
indemnity is 77. no action, suit, prosecution or other proceedings may be taken or transported, into, or maintained in any court or before any other authority of — (a) the competent authority or agency enforcement related; (b) any Director or officer of the competent authorities or the Agency power amplifier related, either on a personal or official nature of nature; or (c) m a n I a-m a n a o r g a n y a n g b e r t i n d a k m e n u r u t law in compliance with any instruction, direction or order someone the Director or competent authority or officer agencies power amplifier related, for or by reason of, or in respect of , any act done or statement made or left than done or made, or purporting to be made or made to or left than done or made, pursuant to or in furtherance of, or intended for according to or perform, this Act or any written order, instruction, direction or other things removed under this Act if the Act or statement is done or made , or the left than done or made in good faith.
service of notice 78. A letter containing a notice or other document to be served by any enforcement agency under this Act shall be deemed to have been addressed to 86 laws of Malaysia Act 613 supposed if addressed to the last known address for the recipient of the letter.
preservation of confidentiality of 79. (1) except for the purpose of discharging its duties or exercise of its functions under this Act or when lawfully required by any court or under the provisions of any written law so that do no person shall disclose any information or matter obtained by him in the execution of his duties or the exercise of its functions under this Act.
(2) no one who has any information or matter at its knowledge was disclosed in violation of by subsection (1) may disclose information or matter to any other person.
(3) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both.
exemption of 80. the Minister of finance may, on the recommendation of the competent authority, if he deems consistent with the purposes of this Act or the public interest, by order published in the Gazette, exempt any person or class of persons from all or any provisions of part iii or iV for such period and subject to such conditions as may be determined by the Minister.
modification of 81. (1) the Minister of finance may, on the recommendation of the competent authority who shall consult with the Board of labuan offshore financial services, by order published in the Gazette, provided that any provision of this Act or any part of the provisions, specified in the order, shall not apply in relation to a 87Pencegahan money laundering and terrorism financing offshore financial institutions or shall apply with such modifications as may be specified in the order.
(2) the terms of an order made under subsection (1) must be in accordance with the objects and purposes of this Act.
(3) in this section, "modifications" includes amendment, adaptation, alteration, variation, addition, Division, replacement or exceptions.
jurisdiction of 82. (1) any offence under this Act — (a) at sea on any ship or in any aircraft registered in malaysia;
(b) by any citizen or any permanent resident in the sea on any ship or in any ship conditioning;
(c) by any citizen or any permanent resident in any place outside and beyond the limits of malaysia;
(d) by any person against a Malaysian;
(e) by any person to property belonging to the Government of malaysia or the Government of any State in malaysia, located outside of malaysia, including diplomatic or consular premises of malaysia;
(f) by any person to force the Government of malaysia or the Government of any State in malaysia to do or not to do any act;
(g) by any person without the States usually resident in malaysia;
(h) by any person against or on a fixed platform while the rigs are on the continental shelf of malaysia; or (i) by any person who after the offence in malaysia, 88 laws of Malaysia Act 613 may be treated as if it was committed in any place in the country.
(2) Notwithstanding anything in this Act, no charge of any offence can be investigated in malaysia unless a diplomatic officer of malaysia, if any such officer, in the territory of the place the offence is said to have done certifies that, in his opinion, the charge should have been brought in malaysia; and if there are no such diplomatic officers, the permission of the public prosecutor is required.
(3) any proceedings taken against any person under this section will be the impedance to the proceeding then towards that person for the same offence if the offence has been committed in malaysia shall be the impedance to further proceedings against him under any written law relating to the extradition or surrender of fugitive criminals force in malaysia in respect of the same offence in any territory outside the limits of malaysia.
(4) for the purposes of this section, the expression "permanent resident" has the meaning given by the courts of Judicature Act 1964 [Act 91].
the power to issue guidelines, etc.
83. the competent authorities may, with consultation with the supervisory authority, issue related to an institution the reporter any guidelines, circulars, or notice as are necessary or expedient to provide fully effective or to carry out the provisions of this Act and in particular for the detection or prevention of money laundering.
rule 84. (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 provide fully effective or to carry out the provisions of this Act.
89Pencegahan anti-money laundering and anti-terrorism financing (2) without prejudice to the generality of subsection (1), regulations may be made — (a) to prescribe anything required or permitted to be prescribed so that under this Act;
(b) to provide that any act or omission that contravenes any of the provisions of the rules shall be an offence;
(c) to provide about the imposition of penalties for the offence that does not exceed a fine of one million dollars or to imprisonment for a term not exceeding one year or to both; and (d) to provide about the imposition of penalties for offences that shall not exceed one thousand dollars for each day the offence continues after convictions.
Amendment of schedule 85. the Minister of finance may, by order published in the Gazette, amend the first and second schedules.
86. General offences any person who contravenes — (a) any provision of this Act or regulations made thereunder; or (b) any determination or requirement made, or any written order, instruction, direction, or notice given, or any limitations, terms, conditions or restrictions imposed, in exercise of any power conferred under or pursuant to any provision of this Act or regulations made thereunder, commits an offence and shall, on conviction, if no penalty expressly provided for under this Act or the regulations , a fine not exceeding two hundred and fifty thousand ringgit.
90 laws of Malaysia Act 613 offence committed by any person acting on the official nature of 87. (1) where an offence committed by a body corporate or an Association of persons, any person — (a) a Director, partner, officer or controller; or (b) who are involved with the management of its affairs, at the time of the offence committed, be deemed to have committed such offence unless that person proves that the offence was done without his consent or pembiarannya and that he has conducted all wrongdoing due diligence to prevent the Commission of the offence, taking into account the type of functions upon the nature and the circumstances.
(2) an individual may be prosecuted for an offence under subsection (1) even if the body corporate or Association of such person is not convicted of the offence.
(3) subsection (1) without prejudice to the criminal liability of bodies corporate or Association of such person for the offence referred to in that subsection.
(4) any person who commits an offence in the event of any act done or omitted by that person himself guilty of an offence and shall on conviction be liable to the same penalty if the Act was done or omitted by an officer or agent in the course of time the agent or in the course of employment of the officer, as the case may be, unless he proves that it was committed without his consent or knowledge and that he took all reasonable steps to prevent the doing or omission of the Act.
offences by individuals 88. If a person may be imposed under this Act of 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 the employee, Director, controller, 91Pencegahan anti-money laundering and anti-terrorism financing Act or its agent if the Act, omission, neglect or default is done by — (a) employees in the course of such employment; (b) its directors while performing the functions of a Director; (c) pengawalnya while performing the functions of a controller;
or (d) its agent when acting in his stead.
fraud, concealment and destruction of documents, etc.
89. Any person, with intent to deceive, in respect of a document to be submitted or delivered under any provision of this Act, which makes or causes to be made a false entry, leaving from make, or cause to be omitted, any entry, or change, making the draw, hide or destroy, or cause to be modified, made the draw, concealed or destroyed, any entry, falsify a document, or use or hold in his possession a false document , purporting to be a document of legal change any entries you have made in any document or issue or use a document that is false or incorrect, in whole or in part, or misleading commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence can be fined further does not exceed one thousand dollars for each day the offence continues after convictions.
offence may arrest 90. every offence punishable under this Act is an offence can capture.
91. consolidation of the offence Notwithstanding anything contained in any other written law, if a person is accused of committing more than one offence under this Act, he may be 92 laws of Malaysia Act 613 charged with and tried in a trial for any number of such offences committed within any time frame.
the power of the authorities competent to compound offences 92. (1) the competent authority or agency related enforcement, as the case may be, may, with the consent of the Prosecutor, compound any offence under this Act or under regulations made under this Act, by accepting of people reasonably suspected to have committed the offence any amount not exceeding fifty per cent of the amount of the maximum fine for the offence , including daily fines, if any, in the case of a continuing offence, which may be imposed on that person if he or she has been convicted of that offence, in any period specified in the offer of literary skills.
(2) any money paid to competent authorities or relevant enforcement agencies 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 committed, and if the amount specified in the offer is not paid within the time stated in the offer, or any time extension granted by the competent authority or agency of the enforcement, prosecution for that offence may be commenced at any time after that to the person to whom the offer is made.
(4) If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against a person to whom an offer to compound the offence has been made.
prosecution 93. No prosecution for an offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
93Pencegahan anti-money laundering and anti-terrorism financing Act first schedule [section 3, definition of "reporting institutions"] part i 1. Business banking, business finance companies, the business of merchant banks, discount houses and business brokerage business money as defined in the banking and financial institutions Act 1989 [Act 372].
2. Islamic banking business as defined in the Islamic Banking Act 1983 [Act 276].
3. business credit building, business development, business financing factoring and leasing business as defined in the banking and financial institutions Act 1989.
4. business insurance, business insurance, broking business pengajusteran business and financial advice as defined or assigned in the Insurance Act 1996 [Act 553].
5. The takaful business as defined in the takaful Act 1984 [Act 312].
6. dealing in securities, as defined in * capital markets and Services Act 2007 [Act 671], but does not include activities the provision of investment advice by the investment adviser as defined in * capital markets and Services Act 2007.
7. money-changing Business as defined in the money-changing Act 1998 [Act 577].
* * 8. (Left)
9. business activities carried out by institutions set as defined in the development financial institutions Act 2002 [Act 618].
10. activities undertaken by the lembaga tabung haji established under the tabung haji Act, 1995 [Act 535].
* NOTE — this Act supersedes the securities industry Act 1983 [Act 280] come into operation on 28 September 2007 unless Term 2 part Vi – see subsection 381 (2) of Act 671 and p. u. (b) 342/2007. ** The ENTRIES — the word "Futures brokerage business" and "business Futures Fund management as defined in the futures industry Act 1993 [Act 499]" cease to have effect because "the futures brokerage business" and "business Futures Fund management" is not defined in the capital markets and Services Act 2007 which replaced the futures industry Act 1993.
94 laws of Malaysia Act 613 11. Postal financial services as provided under subsection 24(3) of the postal services Act 1991 [Act 465].
12. Gambling conducted in the House open gambling as defined in the open Gaming houses Act 1953 [Act 289].
13. The issuance of a payment instrument and operation of payment systems as provided under the payment systems Act 2003 [Act 627].
14. the activities carried out by a member as defined in the Accountants Act 1967 [Act 94].
15. activities undertaken by advocates and solicitors as defined in the legal profession Act 1976 [Act 166].
16. the activities carried out by a person who is admitted as advocates pursuant to the advocate Ordinance Sabah 1953 [Sabah Cap. 2].
17. the activities carried out by a person who is admitted as advocates pursuant to the advocate Ordinance Sarawak 1953 [Sarawak Cap. 110].
18. the activities carried out by a person determined by the Minister or licensed by the Registrar of companies to act as the Secretary of a company pursuant to section 139a of the companies Act 1965 [Act 125].
19. activities undertaken by a licensee as defined in Pool betting Act 1967 [Act 384].
20. the activities carried out by a totalizator agencies as defined in the Act of racing (totalizator) 1961 [Act 494].
21. the activities carried out by a Turf Club as defined in Act Turf Club (public sweepstakes) by 1965 [Act 404].
22. the activities carried out by a notary public as defined in the notaries public Act 1959 [Act 115].
23. activities undertaken by trust companies as defined in the trust companies Act 1949 [Act 100].
24. the activities carried out by the Corporation as defined in the public trust Corporation Act 1995 [Act 532].
25. the activities carried out by the money lender as defined in the moneylenders Act 1951 [Act 400].
26. pawnbroking Business defined in pawnbroker Act 1972 [Act 81].
95Pencegahan anti-money laundering and anti-terrorism financing Act 27. real estate agency practice as defined in the Act of valuers, appraisers and estate agents, 1981 [Act 242].
28. Management of skim amanah saham or specified investment schemes as defined in the Securities Commission Act 1993 [Act 498] by a management company.
29. the activities carried out by any person, who has received permission to operate service money orders under the Exchange Control Act 1953 [Act 17].
30. activities carried out by a moneylender as defined in Ordinance moneylenders [Sabah Cap. 81].
31. activities undertaken by moneylenders is registered under the Ordinance, Borrow Money [Sarawak Cap. 114].
32. activities of the transactions with precious metals or precious stones are carried out by a company incorporated in accordance with the companies Act 1965 [Act 125] and business defined and registered under the registration of businesses Act 1956 [Act 197].
part ii 1. Offshore financial services as defined in the Act of the Board of labuan offshore financial services 1996 [Act 545].
2. activities undertaken by a listing sponsor and a trading agent as defined in the labuan offshore securities industry 1998 [Act 579].
