act 613 anti money laundering act 2001

8/8/2019 Act 613 Anti Money Laundering Act 2001

1/89

Anti-Money Laundering

LAWS OF MALAYSIA

RepRint

A 613

AntI-MOneY LAunderIng

Act 2001 Incorporating all amendments up to 1 January 2006

published bythe CommissioneR of law Revision, malaysia

undeR the authoRity of the Revision of laws aCt 968in CollaboRation with

peRCetakan nasional malaysia bhd2006

http://perjanjian.org

Adam Haida & Cohttp://peguam.org


2/89

AntI-MOneY LAunderIng Act 2001

d R a ... 5 J 00

d c Gazette 5 J 00

P revious r ePrint

First Reprint ... ... ... ... ... 2002




3/89

LAWS OF MALAYSIA

A 613


aRRanGement of seCtions

p r i

pReliminaRy

s c

. s r c c

. a c

. i r r

p r ii

money laundeRinG offenCes

4. o c r g

5. pr c r r r

6. R r c r g c r r c 5

p r iii

finanCial intelliGenCe

7. f c c r

8. pr r g c r

9. a r z r r

0. C c r g s

. pr c r

. p r c r




4/89

4 Laws of Malaysia A ct 613

PART iv

RepoRtinG obliGations

s c. R c r - g r r g

4. R r r r g

5. C r z r

6. i c cc r

7. R r c r

8. o g cc

9. C c r gr

0. s cr c g rr

. o g r r r c g r

. p r rc c c

. C rr c r r g r r

4. pr c r r r g

5. ex r r g

6. ex r r r r g

7. a r c r x r

8. d r c x r c r

paRt v

investiGation

9. i g c r rc g c

0. a g g c r. p r g g c r

. p r x r

. s rc r

4. o r c x rc r g g c r

5. t g-

6. R q r r r

7. d r r r , r c r , r r r c

8. s z g r r , r c r , r r r c




5/89

5 Anti-Money Laundering

9. R r r , r c r , r r r c z

40. s

4 . i g g c r rr rr

4 . arr r r c c r

4 . i g g c r c r c c r

paRt vi

fReeZinG, seiZuRe and foRfeituRe

44. fr z g r r45. s z r r r

46. f r r r r g z r r r

47. a c c r c r

48. i g r r c

49. p c pr c r r r

50. s z r r r c

5 . s z r r r

5 . s c r r g z r

5 . pr g r r m

54. d g r r r z r

55. f r r r r r c r c

56. f r r r r r r r c

57. v r z , z r r

58. v g r r r f r G r

59. p c r r r

60. R r r z

6 . Bona fide r r

6 . d r r r

6 . a c r

64. f r r r r r r c

65. e c r c g

66. s r c c c r

s chttp://perjanjian.org



6/89


paRt vii

misCellaneous

s c

67. pr r r c g

68. a r c r rc g c

69. ag r c r

70. s r r

7 . a c r c

7 . a cc r

7 . a c r r r c r c ,etc .

74. a r c

75. e c c rr g r r g

76. pr c c cq

77. i

78. s r c c

79. pr r cr c

80. ex

8 . m c

8 . J r c

8 . p r g ,etc .

84. R g

85. a sc

86. G r c

87. o c c r c g c c c88. o c

89. f c , c c r c c ,etc .

90. s z c

9 . J r c

9 . p r c r c c

9 . pr c

FiRsT s chedule

s econd s chedule




7/89


LAWS OF MALAYSIA

A 613


a ac r r c r g, r r r r g

r r r r r r r r , r , r g, r r c r r c c

r . [15 January 2002; P.U. (B) 15/2002 ]

p r i

pReliminaRy

Sho i l a omm m

1. ( ) t ac c a -m l r g ac00 .

( ) t ac c r m r f c c Gazette .

Appli a io

2. ( ) t ac r c , r g r

c r c r c r r r c c .

( ) t ac r r , r r m .

( ) n g ac r c r r c r r c c r c gr ac g r r r c r c

c c c c r r c c.




8/89


I p a io

3. ( ) i ac , c x r r q r

rc g c c r g c r g r m r rc

r g r , c g r c ;

c c c r , r cr r c , r c r r g r

c ;

b n g r m C r b m C r b m ac 958

[ Act 519 ];

g c r ;

c c r g, r cc r c r r r r r

r c r c c ;

r cr r cr r g r ac , r r cr c r r

r r g r r r r c r ;

c g e c ac 950[ Act 56 ];

c c , r , , c r r, r c r c

c , r - , r r gr , r rr , r r c

g r g r r c r c c r , r c r

r c ;

r c c r r rr , r c r r c , r r c ;




9/89


r r r r r rcr , r r m rg r g c r c

r r r ;

c

(a) c r i c b g ac98 [ Act 276 ], t ac 984 [ Act 312],

b g f c i ac 989 [ Act 372 ], i r c ac 996 [ Act 553 ] m -C g gac 998 [ Act 577 ];

(b) r c r s c r i r ac 98[ Act 280 ], s c r C ac 99 [ Act 498 ] f r i r ac 99 [ Act 499 ]; r

(c) r c ;

r c g l o r f c s r c a r ac 996

[ Act 545 ];

r r g r , c g r c r m r , c rr c f r sc ;

r c

(a) c c s c sc ;

(b) c c ; r

(c) c ;

r g r c c

(a) g r g s c r cr r g r g r r g s ;

(b) c r c c r c c , cc rr m , c r c ;

c c c r;




10/89


l o r f c s r c a r a r l o r f c s r ca r ac 996;

r c , c r r r c r r c r r r c r g ;

m r h a r m r c rg r r r c r ;

m r f c m r c rg r r c ;

r g s c r r rr r m ;

c r r, r ,

(a) c x c c r r c r r c r ;

(b) r , r r c

( ) r r r r gr ;

( ) r , r c , j r r c r ; r

( ) r c , r c c , r c

r r ;

r g c r

(a) g g , r c r r c , r c r c c ;

(b) cq r , r c , , g , r r , c r ,xc g , c rr , , , r r r r g

m r c c ; r

(c) c c , g r r r , r g , c , , ,

, r g r c , r r , r c c ;




11/89


r

(aa) rr r j c c c rc c , r r r ,

r r r c r c ; r

(bb) r c c c r r , r r xc r

c r r r r r r c r c ;

c r r rc 7( );

r c

(a) r c r ( r r r r ), g,, c , , rcr r rcr ;

(b) c ( r r c r );

(c) r r ( c g r r rr r gr (a) r (b) );

r c , rr , r r r r c r c cr r

(a) c r ; r

(b) c r r g s ;

r j g , g r r c r c c r , c ;

cr r c g r r r rc r r g r c , c , c

r c g r r r c r r r r c ;

r , r r ,

(a) r ;

(b) r r r r r ;

(c) r r r r r ; r

(d) c r c r ;




12/89

Laws of Malaysia A ct 613

c , r r ,

(a) r r c r r ;

(b) r g r r ;

(c) r c c r , r , r r r r c rg r c r

r r ;

(d) c r r g C ac965 [ Act 125 ], c c r , r

, r c r r c rg r c r

r r , r c c r , r g r , r c r g r , r r

r r c c c r r ; r

(e) r r , r

( ) r cr r ; r

( ) c r r r , r r

r r cr r , , , r c

r ;

s c r C s c r C r s c r C ac 99 ;

r c c rr g ccg r r r r r c

r c c r r;

g, r r r , c

(a) r c g r cq r g r r ;

(b) c c g r g g r r ( r c c g,r g g r , rc , c , ,

r r r r g r c r r );

(c) g r c r g r r ;




13/89


(d) r g g r r r r g r r rm ;

(e) g r r rr , r c r ( r c rg , r g g r g r r );

r

(f) r r g r r ,g r r c

.

( ) f r r ac

(a) r r c r g s c r r c

( ) rr r r g s ;

( ) r rcr , r r g r , r gs ;

(b) r r c r g s c r r c rc r r gs .

P ART ii

money laundeRinG offenCes

Off of mo y la i

4. ( ) a r

(a) g g , r g g ; r

(b) c ,

r g, c c c c xc g r gg r r

r r xc g r r .

( ) a r c c c r c( ) rr c r r c c r c

r c r r g r c r r c r c r c r

r g r c .




14/89


P o io of i fo m s a i fo ma io

5. ( ) w r r c rc g c g r r r r r r

c c r g r r c cg r

(a) c c r c 4( ) c r r rr g c c r ,

c c r c c r

( ) r c c c r , g c c rc g c ; r

( ) r c , c r r r ;

(b) g r r , c r r r c r r c

c r r , c r cr r r c c ;

(c) r g r r g

( ) c r ; r

( ) c r r r r c q c c r .

( ) w r r r g c r ac r c c r c r r r r g

, r r g g r cr c r r r g c c r ,

r r c rc c r g r ,c g c r g , c

xc r r c 8( ) r c 4.

r s i io o v ali is los s io 5

6. ( ) n r , j c c ( )

(a)r c r r c 5;

(b) r r r g c r ; r




15/89


(c) r q r , r , r g c r r

r rr r gr (a) r (b) .

( ) s c ( ) c rcr r c g

(a) r c r c 4( ) r c ( ) c ; r

(b) r c r j c c r r g

c r r r rg c r .

( ) n r r g r r c r , c g r r c r cr r c g

xc g r r c r c r r G r , r r

gg

(a) c r r c 5; r

(b) r r g

c r .

(4) s c ( ) r c r c gg r g c r r c r

c 4( ) r c ( ).

(5) i r r r c c r c ( ), c g r ,

(a) c c r r r

r c c , r r r, r, r r r r r r c c ;

(b) c c r r r r r c c , r

r r ;

(c) c r c , r r c r , r c

r gr , r r r r

r gr r g c r r gr c rr g r r r r c c ,




16/89


c c c c xc g r gg r r r r xc g r r , , c c g

c , r r xc g r gg rc r g c c c r c c .

(6) i c , r c c r c r , , , r c r c .

P ART iii

finanCial intelliGenCe

F io s of h omp a ho i y

7. *( ) t m r f c , r r Gazette, r c r c

r c c rr cr ac .

( ) t c r r z c rr r r r r r c r

r r c c r r c c r ac c .

P ovisio s la i o h omp a ho i y

8. ( ) t m r f c , r c c r , c r r r

r r r g , r r Gazette , r r p r iv r c

r r g .

( ) f r c , c r cr x rc r r c r c

r r g c rr g r c f r sc ,

(a) r c z r r r r r , c g r r r r g

r c 4;

* NOTE t m r b n g r m c r r r ac c r 5 J r 00 see p.u. (a) 9/ 00 .




17/89


(b) r r r c r r gr (a) r r r r c r r rc g c r r

r c r c r c c r r c g, r c ;

(c) r r r x c rr r p r iv rc g c

r c r c r c c r r c g,

r c .

( ) t c r (a) c c r c r ;

(b) g r c r r g r r r r r r c r c 4;

(c) r c r r r r ,rc g c r r g r g

r r r r r c r c ( );

(d) cr r g r q r r r g r r r g r c r r c

r r g r c r - g g r p riv.

A ho iza io o l as i fo ma io

9. ( ) s j c c ( ), c r , r g, r z rc g c r g c r

cc c r c r c r r r r g rc g c c .

( ) i r c r r c r r r g c rr g c r p r ii

f r sc , c r r zl o r f c s r c a r r g

c r cc r .

( ) t c r , r g, r z a r G r r g c r cc




18/89


c r c r c r r g r g s r q r

c cr r .

comm i a io o a fo i S a

10. ( ) n g r r r r , c r c c g c

r c 4 c rr g r r gs

(a) r x rr g m r gs r c c rr g r

r g s gr c c m , m r q , r r c

c rr g r c rr gr q r c c r r

c 4;

(b) c r c rr gr g r r r g

( ) r r c g c gc c ;

( ) r c r g ,c g r g c r c g .

( ) i c , c rr g r , r r g s , r r g s rr r c g r c rr g r q r

c c r r c 4.

P ohibi is los

11. s j c c , r rr c r r p r iv

(a) r z r c 9, c rc c r xc r c r

r z r c , r r , r c c , r r c ;




19/89


(b) g r r z r c 9, r c r r , r c r c c

r c rc c .

P mi is los

12. ( ) n g c r c c c r r r p r

r c r c r g r c g c c c r c , r g r c

r c r c 4( ).

( ) n g c r c c c r r r p r

r c r r r r z rc 9

(a) r c , r ;

(b) r c

( ) r , r , r c r r c r c ; r

( ) r , r r c ,r r r, r r r

r c ; r

(c) r r r cr .

( ) n r c r r rr z r c 9 c c r r

p r r r r r r c r r r c , r c c r r c rc c .

(4) a r c r c ( ) c c c c xc g

r gg r r r r xc g r r .

(5) exc r c r r r c rr g c r ac , r

r r c r r p r




20/89


r q r r c c r c c g r r c r c c c r

c r .

P ART iv

RepoRtinG obliGations

r o -k pi by po i i s i io s

13. ( ) a r r g r c r r cg c c rr c r r g c rr c xc g

c c r c .

( ) t r c r r rr c ( ) cr c r c .

( ) t r c r r rr c ( ) c g r r c r c :

(a) r r r c c c ;

(b) r c r r r r c c c , r

c ;

(c) cc c r c , ;

(d) r c , c , r ,xc g c rr c , c q c g, rc

c r c q r r r r r rr r , r g , r c r r g ;

(e) r r g r r ccc rr ;

(f) , r c ,

c c r r cr c r g.

(4) f r r p r , c r c c r r g c rr c c , ggr g , xc

c c r r




21/89


c ( ) r g r c rr r r r g

r c r r c r c .

r po by po i i s i io s

14. a r r g r r r cr r c

(a) xc g c c rr c ( );

*(b) r r , r c

r r c rc c c c r g r cg c r r r r g r c r c r c

c .

c aliza io of i fo ma io

15. a r r g r r c r z r c c r p r .

I ifi a io of a o hol

16. ( ) a r r g

(a) cc cc r;

(b) , r r ccr cc c c , r c rr c

.

( ) a r r g

(a) r , r , , r rc c , c , g c c , cc r

r r , r gr r , r cc

r c , r g c c

* NOTE t m r r gr 4(b) c 0 4 ac c rr g g , c c , rc g i c

g see p.u. (a) 0/ 00 .




22/89


c r , r , r c r c , r r c c c c , r r c r r

c , g r c c g

r , r c r g cc r, r g c r r c , r g x, r r r g c r c

xc g c c r c ;

(b) c c r c r .

( ) a r r g r r r c r r r

r cc r r c c c r r r c g , r c r c r

c c g c rc , c , r r r r g s r q r r r c .

(4) f r r c , r c r , g , c r r r c r r c .

r io of o s

17. ( ) n g r r r g r c , r r g

r c r r p r r r x r r cc c r

r c c r r .

( ) a r r g r c r r c r c r c xc c

c r c , r r x r r r c c

r r .

( ) s c ( ) ( ) r r r g r r c r c r

r rc g c .

(4) a r r g c c r c ( )r ( ) c c c c




23/89


xc g r gg r r r r xc g r r .

Op i a o i fals am

18. ( ) n r , r r r z gr r cc r r g

c , r c rr c .

( ) w r r c r rr , r

g cc r r g r

r c r r r r g.

( ) w r r g r c r g r r g c r

c c , r r g r c r c r , r q

r g r c r , g c r c r c r .

(4) f r r c

(a) r cc r , g cc , r c g g r

cc , r c r c ;

(b) r r cc r c r g r cc ( r

g r r r c c r r g c c r

r r ) , g , r c r c ;

(c) cc , r r r r c c

ac .

(5) a r c r c c

c c c xc g r gg r r r r xc g r r .




24/89


complia p o amm

19. ( ) a r r g ,

r r gr , c , r c r c r g rg c c r ac .

( ) t r gr c ( ) c

(a) r c r r g r gr

r , c r ;

(b) -g g r g r gr , c -

r-c r r gr , r c g r g r r c c, 4, 5, 6 7;

(c) c c c c c c r gr .

( ) a r r g c cr gr r c ( ) r c r

m .

(4) a r r g g c cc r g c r c r c rg c r r gr

r c r , c g r r c r c r r r g c r c .

(5) a r r g c c c , r c r c r c c

r r r g c

r ac c cr .

S y obli a io s ov i

*20. t r p r c g g cr c r r r r c c r

r r r r .

* NOTE

t m r r gr 4(b)

c 0 4 ac c rr g g , c c , rc g i cg see p.u. (a) 0/ 00 .




25/89


Obli a io s of s p viso y o li si a ho i y

21. ( ) t r r r r r r g

r c r r r r r r

(a) c r r r r g r r c r g, r

r c g, r c r r c , r c r ,g r r r r g ;

(b) x r r r g , r g r , r g r g r x , r r g

c cr gr c 9;

(c) g r r g cc r r r c

g g cc r c r c q g

r c r r r g r ;

(d) c r r rc g c c c c g , r c r

r c g r g c r cr ac .

( ) t c g r r r g , r c c r , r r

r r g c c c c c r ac .

( ) t r r r r r r r c r r r c r

r r g r g r c r c c r c r c r ac .

Pow s o fo omplia

22. ( ) a c r r r g r r r r g c c

g r p r .




26/89


( ) t c r , c h gC r g C r r r g

r xc c r r

g ac , r r g r c r r r r g c r C r c r rc c c

c g .

( ) n g c ( ), c r r c r r gr r r g

r xc c r r g p r c

r c c g r p r .

(4) a r c r c ( ) r c r c r c ( ) c c

c c xc g r r gg r r r r

xc g x r , , c c gc , r r xc g r gg r

c r g c c c r c c .

c y po i a bo23. ( ) a r g r r g m c , g r r r r , xc g c

c r r cr r r Gazette , c r c r c

c r c r c .

( ) a r c r c ( ) c c c c xc g

r gg r r r r xc g r r .

( ) n g exc g C r ac 95 [ Act 17 ] C r b m ac 958, C r r

f r g exc g r cr r r c r c 4 r 5

exc g C r ac 95 .

(4) a c r r q r r g r c( ) r r C ac 967[ Act 235 ]

c r r r g c .




27/89


P o io of p so s po i

*24. ( ) n c , cr r c r r c g

r g g r (a) c r r r r

r p r ; r

(b) r c c c r r ,r r r r r r ;

r c

(aa) c r r , r r c rr , r , r r rr

r gr (a) r (b) ; r

(bb) c q c r c r r r ,

r c r .

( ) i r c g g r r c r

p r , c r r r x rc g c

c g c .

exami a io of a po i i s i io

25. ( ) f r r r g r r g c c p r , c r r z

x r x

(a) r r g r c r r r r r g r p r , c r

, r cc r , r r g r ;

(b) r r g rr g r c r r r r .

* NOTE t m r r gr 4(b) c 0 4 ac c rr g g , c c , rc g i c

g see p.u. (a) 0/ 00 .




28/89


( ) i c rr g x r c ( ), x r

(a) q r g r c r , r r r r r g ;

(b) r c r r r c r r g .

exami a io of p so o h ha a po i i s i io

26. ( ) a x r r z r c 5 x

(a) r , r , r c r r c r r r g r g ;

(b) r , r , c , r rg g r r g ; r

(c) r cq c c rc c c , c g r r

c c r r r g ,

r g c c r r x r r q r c x r

c .


r gg r r r r xc g r r , , c c g c ,

r r xc g r gg r c r g c c c r c c .

( ) n g r r , g , c g r r c c r r r g ,

r r c c r c r g , r , c r g g c r r

x r.

App a a b fo xami

27. ( ) a r c r r c r r r g xr c 5( ), r r x r c6( ), r r x r c g




29/89


c x r c x r c .

( ) a r c r c ( ) c c c c xc g r gg r r r r xc g r r , , c c g c ,


d s io of xami a io o s

28. t c r r c r c c c r r x rc 5 6 x r x xc

r c c rcg c .

P ART v

investiGation

I v s i a io by omp a ho i y a fo ma i s

29. ( ) w r

(a) c r r c c c r p r iii r iv; r

(b) rc g c g r rc

r c r r c c r c c cr r r ac ,

c r r r rc g c c g r c r

x rc r g r r r ac .

( ) t c r r r rc g c ,

c , r c r c c r c g r c

( ).




30/89


( ) t c r r rcg c c r c r r rcg c m , r c g

r c r r g r c , c .

Appoi m of i v s i a i offi

30. ( ) f r r g r p r , c r r r rc g c , c

, r r r g g c r.

( ) a g g c r c r r r rc g c

j c , j c r g , r c , c ac r r r c

c r r r rcg c , c .

( ) a g g c r j c r c c r c r r r rc

g c , c r z c , c .

Pow s of a i v s i a i offi

31. ( ) w r g g c r , r r c , r c c r

ac , , rc rr

(a) r r g g r rc r r r , c

c r r , r c r r g r;

(b) rc r r r r , r c r , r r rc ;

(c) c , c r x r c r r c r ,r r r c z ;

(d) , r r r ,

r r , r c r , r r r c z r c r c r ;




31/89


(e) rc r , r , c r , g g c r r c

r r r r , r c r , r r

r c , c g r c , c r , g g c r , r r g c r ac ;

(f) r , x rc r c , c r rr c c ; r

(g) , r rc c c .

( ) a g g c r , c r

(a) r r r r r c r r

c c r c r r c c ;

(b) r rc r c c r , rc ,z r , r r r

c ; r

(c) r c r , r cc c , rc c .

( ) a g g c r z , , r c r c r , r r ,

r c r , r r r c r c r c r g r r g rc

.

(4) a g g c r, c r gr rc ,

(a) r r g r r r , r c r , r rr c z ;

(b) c c , r r , r r , r c r , r r r c

.

(5) t cc r r c r g , r r , r r g

rc , c r r r c (4) r c r r q .




32/89


Pow o xami p so s

32. ( ) n g r , r , r g

r r q r cr c r c c r r , r g r gr r rr g , x r r , c r r , g g c r c c g g

r r r r r g x .

( ) a g g c r r r, r r r g, r cq c

c rc c c

(a) r r x ;

(b) r c r r r , r c r , r r rc ; r

(c) r r g r r g c r

r q r .


r gg r r r r xc g r r , , c c g c ,


(4) t r x r c ( ) g r q r g c c

g g c r, r r

q r c c x cr c rg r r r r .

(5) a r g r r gr ( )(c) g r , r r c

r r r q g g c r.

(6) a g g c r x g r r c

( ) r r r r c(4) (5).




33/89


(7) a r r r gr ( )(c) , r , r c r g g

r g r x r

(a) r r g g c ;

(b) r g r c rr c .

(8) a r

(a) r r g g c r r q rr r gr ( )(a) ;

(b) r r q g gc r r c (4); r

(c) r g g c r r r r g r

r c r,



S a h of a p so

33. ( ) a g g c r rc g r rr gr ( )(e) r r c r c r rc c rr , c

c xc - r r r z g r , , c r , r r c r c c c rc .

( ) n r rc r p r xc g g c r g r c rc

c rr r c r g r c c .




34/89


Obs io o x is of pow s by a i v s i a ioffi

34. a r (a) r g g c r cc r ,

r rc r ;

(b) , r c , r r g gc r c g r c c c ;

(c) c g gc r x c r p r ;

(d) r g g g c r r r ,c r r c r r q r c r g ;

(e) r c , r c c r c c r , g g c r, r r , r c r , r r rc , c g g c r r q r ;

(f) r c r r c g c z ;

(g) r g g c r r rc r r ;

r

(h) r r r rc r z r , r r rr g r z r , r c r g

r r , r c r , r r r c ,



ti ppi -off

35. ( ) a r

(a) r r c g g

c r c g, r r g c , c c g c g, r ,c c r r r r ac r




35/89


r g r c r r r r r r c

r j c g r r

g ; r (b) r r c c r

g g c r r ac c r r r r r

r c r j c gc g c c g c r ,

c c c c xc g r gg r r r r

xc g r r .( ) n g c ( ) c r

c c r r c rr r r

(a) c r c r r c c g g c c c r

r r r c c r; r

(b) r c , r c c r r , g r c g .

( ) s c ( ) r rr r r c c r r g

g r .

(4) i r c g g r r c r c , c r

(a) r c c r rr gr ( )(b) r j c g ;

r

(b) r r r xc r g c r .

(5) a g g c r r r r c c r c r c g

c r c g c c rc ,r rc , r ac r

r r r g r c .




36/89


r q i m o p ovi a sla io

36. ( ) w r g g c r , z , , r

r r , r c r , r r r c c , r r , g g r g gr e g g g , r g r c , g g

c r , r r r g, r q r r , c r c r r r , r c r , r r r

c r r g gr e g g g c r c .

( ) n r g r r rc ( ) c cc r , r r

c .

( ) a r c r q r c ( ) r c r c ( ) c c

c c xc g r gg r r r r xc g

r r , , c c g c , r r xc g r gg r c r g c c c r c c .

(4) w r r r q r r r rc ( ) r c c

c , c r r r rcg c , c , r

r r r c r x c rr r g r .

d liv y of p op y, o , po o o m

37. ( ) a g g c r , c r g,r q r r r r r , r c r , r rr c c r c

c c r ac r g c r ac

r c , r r c r , r r r r r .

( ) a g g c r gr r r c r r , r c r , r r r c

r c ( ) r c c r r , r c r , r r r

c r ac .




37/89


( ) a r

(a) r r r , r c r , r r r c r q r g g c r; r

(b) r c r r g g c r x rc g r r c ( ),



S izi of p op y, o , po o o m

38. a g g c r z , r r c r c r , r r ,r c r , r r r c r c r c r

x r r gr ( )(a) r (b), r rc r r c ( ), r c r g r g

r g c c , r r ,

c r .

r l as of p op y, o , po o o m s iz

39. ( ) a g g c r , r r r c r

(a) c g r r c g r gr g ; r

(b) r r r c c rr r rc g c , c ,r g g c r r r r ,

r c g ,

r r r , r c r , r r r c z , rr r r g g c r, c r

r r r , r c r ,r r r c r q r r

r r c r r c g r ac , r r r r c r r r .




38/89


( ) t g g c r c g r rc ( ) r c r r g c rc c ,

r r, c r .

( ) w r g g c r r r r r , r c r , r r

r c r r r r c r r , r c r , r r r c , r r g g

c r c r r c ( ) r r , r c r , r r r c ,

g g c r r r r g r r r , r c r , r r r c

r r r c 4 ( ), ( ) ( ) c4 4, 4 5 4 6 Cr pr c r C [ Act 593 ].

S a m o b a missibl

40. t r c r x r r gr ( )(a) , r r , r c r , r r r c r c r r gr

( )(b) r r r gr ( )(c) ,g r r r c r r ,

c r c g c r r,r r , c r r r r acr c r r r , r g r r

c r c g r g r x , r r c r r , r c r , r r r c , r

r r r , r g r r .

I v s i a i offi may a s wi ho wa a

41. a g g c r r c 0 rr rr r r c

c r c g c r ac .

A s p so o b ma ov o poli offi

42. a g g c r, r c c r, g rr r c 4 r r rr r c c r r, c c c r,

c r r c , r




39/89


rr cc r g r g cr r c r r g rc

rr c c r.

I v s i a i offi m o b p bli s va a p blioffi

43. a g g c r c rr r p C [ Act 574 ], c

c r r r Cr pr c r C .

P ART vi

fReeZinG, seiZuRe and foRfeituRe

F zi of p op y

44. ( ) s j c c 50, r rc g c ,g r rc r c rc c , r gr c

c r c 4( ) , g r c r , r r r z g r r r , r r r r , r

, r c r r r rc .

( ) a r r r c ( ) c

(a) r r r c r r , r c r r r c r r,

, r r , r , xc

c r c c rc c , , rc r r;

(b) r r r z c r c c r r r , r c r r r

c r r rc g c c rc c r q r .

( ) t rc g c g r r r c( ) g r c r r cr

r r

(a) r r r;




40/89


(b) r r , r r

( ) r g r rr r r r r r ;

( ) r r r r g r r r;

( ) c rr g cr r r r r r;

( ) r r r c r

; r

( ) c r cr r c g g ; r

(c) r c r r rr .

(4) a r r r c ( ) r c r r cr r r

(a) r r , r r ,r , r g , r g, g

, c rg g, g g, r rr g r r g r g r r ;

(b) r r r m r r r ;

(c) r r m rr r r c d r c r G r i gr c

r r.

(5) a r r r c ( ) c c r r r r, r

g r r c rg c r ac .

(6) a rc g c r gr c r g r c r r c r g r r

r c c r r r rc ( ) g .




41/89


(7) w r rc g c r c r z r r r r , r c rg

r r r r r

g r r r r c r c g c r r r r r r c r r c c

r c rg r r r g g r c r r r .

S iz of movabl p op y

45. ( ) i c r g c rc 4( ), g g c r , g

r r g g c r r r ,z r r c r gr

c j c r c c r cr g c c .

( ) a r r z r c( ) c c r r c

r r g g c r c g z r g .

( ) a c r rr c ( ) r r c r r r

r r r r z .

(4) t c r r z r r c ( ) c , c

r c r c .

F h p ovisio s la i o s iz of movabl p op y

46. ( ) w r r r z r ac , z r c r g r r

r , c r c r r r z c g r c c r , c c , g g c r r .

( ) w r r c c , r r r , r r r r c ( ), g g

c r r c z r c c r r r r .




42/89


( ) n g c ( ), r r ,c g r r r rr c (6),

z r ac , g g c r, r

g g c r c z r , gr r g g c r r r ,

(a) r r r r r r r, r r r , c r c r z , r c r ,

j c c r c , j c c , c c r g

r r r r

rr r g g gc r r z r c r

c , , c ; r

(b) r r r r r, r r r , c r c r

z , r c r r r , r r r

r r r r r r , c r r g j c c r

g r c c r r r

r r c r r .

(4) w r r r r r rr r r r gr ( )(a) rr r

r r r c r r c r r gr

(a) c r r r c c r r r ;

(b) r c c c c c r r r rr r xc g r r , ,

c c g c , r r xc g r gg r c r g

c c c r c c .

(5) w r r r r r c r r c r r r r r r gr ( )(b) , c




43/89


r r c r g c r r r r r r r .

(6) w r r z r ac c , r , c r , c , r r c - - c r r c r c r r

r r g r c , z r c g g cr g r r c r

(a) r g r g, r rr g, r g c r r ; r

(b) r q r g rr r r r g gc r r c

r r.

(7) w r r r z c r r r , r r r c c

c , r c r c c , c c r c ( ), g g

c r r c r r r c , r c g c x

c r r , r r c g r ac .

A vo a s a soli i o s o is los i fo ma io

47. ( ) n g r , J g h gC r , c g r

g c r c 4( ), r r c c r c r

r c r c r g r g r rc z r r ac .

( ) n g c ( ) r q r c c r c r r r c

x c c c c r gr r c c c c g r

r g r c g .

I v s i a io pow s i la io o a fi a ial i s i io

48. ( ) n g r r r r r , p c pr c r,




44/89


c r r r g cr c 4( ), r z r g g gc r x rc r c c

r z r g p rv c ( ).

( ) a g g c r r z r c ( ), r c r c c

r z

(a) c c , r c r , r r rc g g r , c r

c r c ;

(b) c c r cc , rccc , x cc r r cc

r c ;

(c) c c x c; r

(d) r q r r r r g r c r ,r r , c , cc r r c r rr

r gr (a), (b) (c) .

( ) n g g c ( ), g gc r r z r c ( )

cc , , r c r , r r , c , , c r rc c cc r c r

(a) c , c g , r g x r c r , c r r

g ;

(b) r r r r ; r

(c) c r c r c r c 4( ) r r r

.

(4) a r r r c r r r c cc , , r c r , r r ,

c r r c r c ( ) g gc r r z r c ( ) c c c c xc g




45/89


r gg r r r r xc g r r , , c c g c , r r

xc g r gg r c r g c

c c r c c .(5) w r r c r r r c

cc , , r c r , r r , c r r c g g c r r z r c ( ), r

r - r r r r rr c r g r c r r - r

c g , cc c c r r r c , r c r c r , r

r c g r c r r , r r

c r c , gr r rr g , r r .

P bli P os o s pow s o ob ai i fo ma io

49. ( ) n g r r c r r , p c pr c r, r gr ,

g c rr r ac , c r c 4( ) c , r

c

(a) r q r r c g c cc ;

(b) r r c r r rr r gr (a) ; r

(c) r r p c pr c r r gr

g ,

r r g r r

(aa) g r r r , r r ,r r m , g g r

, r c r , rg r q , c g cc r r cq r

r c cq r , r g, q , , r c , r r

r;

(bb) g r r r m r r g c r c c ;




46/89


(cc) g c c r r r r gr(aa) (bb) ,

c r r c c , r

r ; (dd) g r c c r r

r r gr (aa) (bb) r r r r r r ,

r r rr , , r r , r c

cq , r c g r r r c c r r

c ;

(ee) g r r r g r r ,, r , r r c c

c ;

(ff) g rc c , r g rr r .

( ) a c r c , r r r r x r r g

c r r c , r c cc , , r c r , r r r c

r g r c rc ( ).

( ) e r r c p c pr c rr c ( ) , g r r

c r r , c r c c c c , r

g c r c r cc c c c xc g r gg r r r r xc g r r , , c c g


(4) e r r c r r c p c pr c r r c g

r c r c g , r c , r c c g .




47/89


(5) w r r c r r r c cc , , r c r , r r r c r

c r c ( ), c r , g r ,

r r r c g r r r c , , r c c r r r c , r c r c r , r

r c g r c r r r r c r c , gr r rr g , r r .

(6) s c (5) r, r r r r c r c r c

r g g r r

r r r p c pr c r r c .

S iz of movabl p op y i fi a ial i s i io

50. ( ) w r p c pr c r rg g g c r r r ,

c g r r r ccr , c j c r c r c 4( ) r

c r c c c , , c r c r c , ,

g r r r , r c b n g r m , s c r C r

l o r f c s r c a r , c , r r r c c r , , r r c r r r r

r r r r r .

( ) a c r g r c , cc c g r r p c pr c r r c ( ),

r c r r r c g r c r r r r c r c , gr ,

r rr g , r r .

( ) a r c r r p cpr c r r c ( ) c c

c c xc g c r , r r c r p c pr c r r r r




48/89


r gg , c r g r, r r r r xc g r r , , c c g

c , r r xc g r gg r

c r g c c c r c c .

(4) i c , r r c cc rr c r r g c rr c , r r c q , rc q , c q , r r, c r r g

r r r r r r c r r r r r .

S iz of immovabl p op y

51. ( ) w r p c pr c r rg g g c r

r r j c r c r c 4( )r c c c c , c r r

z , z r c

(a) n c s z r p c pr c rg r c r r r

c z r c r c r r g , r g g c r r ;

(b) g c c n c rc rc g m , c

g g r e g g g ;

(c) r g c c n c l a r r

r R g r r t , c , p rm , r R g r r t r C c r l R , c , s , r d r c r l s r r R g r r r

r , c , s r , r c r r .

( ) t l a r r, C c r l R , d r c r l s r , R g r r t r

R g r r r r , c , r rr c ( ) g r




49/89


n c s z r r c r r n c s z r c r c

r r R g r c .

( ) w r r n c s z r r c ( ), n c c

r g g r c r r , r c r g r c

r r r g r , r g r r c r r r c n c r

g c r .

(4) s c ( ) g c c r c c c c c r, r r

r f r G r m r G r s , r c r r r r

r .

(5) a r c r c ( ) r ( ) r c c r , r c , c r c

( ) r ( ) c c c c xc g c r r r c c p c pr c r r r c r , r

r gg , c r g r, r rr r xc g r r , , c

c g c , r r xc g r gg r c r g c c c rc c .

(6) w r n c s z r r c( ), r g r r r r r r c

z r c n c , r r r g r c r r , g c n c ,

g r gr r , r r, r r r ,

r r c r r , c c c c xc g c c r r , r r gg , c r

g r, r r r r xc g r r , , c c g c , r r

xc g r gg r c r g c c c r c c .




50/89


Sp ial p ovisio s la i o s iz of a b si ss

52. ( ) w r rc g c r

(a) g c rr r r g r c r c r c 4( )

c c ;

(b) g c rr r r r c c r ;

(c) c c r , r r rc , r c r

c rr r g r r c

r ; r (d) r c c r r r r

c g r c c r , r r g r,

the enforcement agency may seize the business in the manner provided under this Part or by an order in writing

(aa) r c x r c c rr ;

(bb) c r r , r c r c r , c g cc , r c rr r c r c ;

(cc) r c r r r r c r r acc G r

r g r r r c r c rc g c ;

(dd) r r c r, c r r r rr r g r

c r r r ;r

(ee) r c r r c rr c , c r r x , c

r g r r c .

( ) w r r r rc g c rc ( ), c r r, r q

g r r r c r r r g c rr c q r , r c c r , r g g

c , r r c rr g , r r.




51/89


(3) An order under subsection (1) may at any time be variedor revoked by an enforcement agency and where it so varies orrevokes the order, it may give any direction of an ancillary or

consequential nature, or which may be necessary, for giving effectto, or for the carrying out of, such variation or revocation.

(4) Subject to subsection (5), neither the Federal Governmentnor any person shall, in consequence of any order under subsection(1) be responsible for the payment of any money, dues, debts,liabilities or charges payable to any person in respect of thebusiness, or in respect of any movable or immovable propertyowned, possessed, occupied or used, by any person in relationto the business.

(5) Where a person is carrying on any activities of the businessin pursuance of an order under subsection (1), he shall beresponsible for the payment of the wages of such employees ofthe business as are engaged in performing any work in relationto those activities for the period during which such person carrieson those activities and such wages shall be paid out of the profitsderived from such activities or, if there are no such profits or ifsuch profits are insufficient, from the assets and the propertiesof the business.

(6) In this section

(a) wages means the wages payable under the contract ofemployment between the employee and the business;

(b) business means any business registered under anywritten law providing for the registration of businessesand includes a corporation incorporated or registeredunder the Companies Act 1965 and an associate of thatcompany as defined in section 3.

Prohibition of dealing with property outside Malaysia

53. Where the Public Prosecutor is satisfied that any propertyis the subject matter of an offence under subsection 4(1) or wasused in the commission of the offence, and such property is heldor deposited outside Malaysia, he may make an application byway of an affidavit to a Judge of the High Court for an order

prohibiting the person by whom the property is held or withwhom it is deposited from dealing with the property.




52/89


Dealing with property after seizure to be void

54. (1) Where any property has been seized under this Act, and

so long as such seizure remains in force, any dealing effected byany person or between any persons in respect of such property,except any dealing effected under this Act by an officer of apublic body in his capacity as such officer, or otherwise by oron behalf of the Federal Government, or the Government of aState, or a local authority or other statutory authority, shall benull and void, and shall not be registered or otherwise be giveneffect to by any person or authority.

(2) Subsection (1) shall be in addition to and not in derogation

of subsections 51(3) and (4).

(3) For so long as a seizure of any property under this Actremains in force, no action, suit or other proceedings of a civilnature shall be instituted, or if it is pending immediately beforesuch seizure, be maintained or continued in any court or beforeany other authority in respect of the property which has been soseized, and no attachment, execution or other similar process shallbe commenced, or if any such process is pending immediatelybefore such seizure, be maintained or continued, in respect ofsuch property on account of any claim, judgment or decree,regardless whether such claim was made, or such judgment ordecree was given, before or after such seizure was effected, exceptat the instance of the Federal Government or the Government ofa State, or at the instance of a local authority or other statutoryauthority, or except with the prior consent in writing of the PublicProsecutor.

Forfeiture of property upon prosecution for an offence

55. (1) Subject to section 61, in any prosecution for an offenceunder subsection 4(1), the court shall make an order for theforfeiture of any property which is proved to be the subject matterof the offence or to have been used in the commission of theoffence where

(a) the offence is proved against the accused; or

(b) the offence is not proved against the accused but thecourt is satisfied

(i) that the accused is not the true and lawful ownerof such property; and




53/89


(ii) that no other person is entitled to the propertya s a p ur cha ser i n g ood fa it h f or va lua bl econsideration.

(2) Where the offence is proved against the accused but theproperty referred to in subsection (1) has been disposed of, orcannot be traced, the court shall order the accused to pay asa penalty a sum which is equivalent to, in the opinion of thecourt, the value of the property, and any such penalty shall berecoverable as a fine.

(3) In determining whether the property is the subject matterof an offence or has been used in the commission of an offence

under subsection 4(1) the court shall apply the standard of proofrequired in civil proceedings.

Forfeiture of property where there is no prosecution

56. (1) Subject to section 61, where in respect of any propertyfrozen or seized under this Act there is no prosecution or convictionfor an offence under subsection 4(1), the Public Prosecutor may,before the expiration of twelve months from the date of the freeze

or seizure, apply to a judge of the High Court for an order offorfeiture of that property if he is satisfied that such propertyhad been obtained as a result of or in connection with an offenceunder subsection 4(1).

(2) The judge to whom an application is made under subsection(1) shall make an order for the forfeiture of the property if heis satisfied

(a) that the property is the subject matter of or was used in

the commission of an offence under subsection 4(1);and

(b) that there is no purchaser in good faith for valuableconsideration in respect of the property.

(3) Any property that has been seized and in respect of whichno application is made under subsection (1) shall, at the expirationof twelve months from the date of its seizure, be released to theperson from whom it was seized.

(4) In determining whether or not the property has been obtainedas a result of or in connection with an offence under subsection




54/89


4(1), the court shall apply the standard of proof required in civilproceedings.

Validity of freeze, seizure or sale

57. Where the freeze, seizure or sale of any property has beeneffected under this Act, the validity of such freeze, seizure or sale,or other form of disposal of such property, or of any destructionof the property in accordance with the provisions of this Act, inconsequence of such freeze, seizure or sale, shall not be affectedby any objection to it relating to the manner in which the freeze,seizure or sale was effected, or the place at which it was effected,or the person from whom it was effected, or the person to whomany notice of the freeze, seizure or sale was given, or omitted tobe given, or any failure to conform to any procedural provisionof this Act or of any other written law in effecting the freeze,seizure or sale.

Vesting of forfeited property in the Federal Government

58. (1) Where any property is forfeited under this Act, theproperty shall vest in the Government free from any right,interest or encumbrance of any person except a right, interestor encumbrance which is held by a purchaser in good faith forvaluable consideration and which is not otherwise null and voidunder any provision of this Act.

(2) Where any person who holds any encumbrance to whichthe property is subject claims that he holds the encumbrance asa purchaser in good faith for valuable consideration and that theencumbrance is not otherwise null and void under any provision

of this Act, and the Federal Government disputes such claim, thePublic Prosecutor may apply to the Sessions Court to determinethe question and the court shall determine the question aftergiving an opportunity to be heard to the person holding theencumbrance and hearing the reply of the Public Prosecutor toany representations which may be made before that court by theperson holding the encumbrance.

(3) Where any property is vested in the Federal Governmentunder subsection (1), the vesting shall take effect without anytransfer, conveyance, deed or other instrument and where anyregistration of such vesting is required under any law, the authority




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empowered to effect the registration shall do so in the nameof such public officer, authority, person or body as the PublicProsecutor may specify.

(4) Where the property vested in the Federal Government undersubsection (1) is immovable property, the vesting shall uponproduction to the Registrar of Titles or the Land Administrator, inPeninsular Malaysia, or to the Registrar of Titles or the Collectorof Land Revenue, in Sabah or the Registrar of Titles or theDirector of Lands and Surveys, as the case may be, in Sarawakof the order of the court forfeiting the immovable property, or inthe case of property forfeited under subsection 55(1), a certificateof the Public Prosecutor certifying that it has been forfeited, be

registered in the name of the Federal Lands Commissioner.

Pecuniary orders

59. (1) Upon application by an enforcement agency to a SessionsCourt, a pecuniary penalty order may be made against a personfrom whom property is forfeited in respect of benefits derived bythe person from the commission of an offence under subsection4(1).

(2) Where

(a) an application is made to a court for an order undersubsection (1) in respect of benefits derived by a personfrom the commission of an offence under subsection4(1); and

(b) the court is satisfied that the person derived benefits fromthe commission of that offence,

the court may, if it considers it appropriate, assess in accordancewith the manner prescribed by the Minister of Home Affairsby order published in the Gazette , the value of the benefits soderived and order that person to pay to the Federal Governmenta pecuniary penalty equal to the amount.

(3) Where a forfeiture order has been made under sections55 and 56 against any property that is proceeds of an offenceunder subsection 4(1), the pecuniary penalty to be paid undersubsection (2) shall be reduced by an amount equal to thevalue of the property as at the time of making the order undersubsection (2).




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(4) In determining whether or not any benefit is derived froman offence under subsection 4(1) the court shall apply the standardof proof required in civil proceedings.

Release of property seized

60. (1) Where property has been seized under this Act, aninvestigating officer other than the investigating officer whoeffected the seizure, may at any time before it is forfeited underthis Act, release such property to such person as he determinesto be lawfully entitled to the property if he is satisfied that suchproperty is not liable to forfeiture under this Act or otherwiserequired for the purpose of any proceedings under the Act, or forthe purpose of any prosecution under any other law, and in suchevent neither the officer effecting the seizure, nor the FederalGovernment, or any person acting on behalf of the FederalGovernment, shall be liable to any proceedings by any person ifthe seizure and release had been effected in good faith.

(2) The officer effecting any release of any property undersubsection (1) shall make a record in writing in respect of suchrelease, specifying in the record in detail the circumstances of,and the reason for, such release, and he shall send a copy ofsuch record to the Public Prosecutor.

Bona fide third parties

61. (1) The provisions in this Part shall apply without prejudiceto the rights ofbona fide third parties.

(2) The court making the order of forfeiture under section 55 orthe judge to whom an application is made under subsection 56(1)shall cause to be published a notice in theGazette calling uponany third party who claims to have any interest in the propertyto attend before the court on the date specified in the notice toshow cause as to why the property shall not be forfeited.

(3) A third partys lack of good faith may be inferred, by the

court or an enforcement agency, from the objective circumstancesof the case.




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(4) The court or enforcement agency shall return the propertyto the claimant when it is satisfied that

(a) the claimant has a legit imate legal interest in theproperty;

(b) no participation, collusion or involvement with respect tothe offence under subsection 4(1) which is the objectof the proceedings can be imputed to the claimant;

(c) the claimant lacked knowledge and was not intentionallyignorant of the illegal use of the property, or if he hadknowledge, did not freely consent to its illegal use;

(d) the claimant did not acquire any right in the propertyfrom a person proceeded against under circumstancesthat give rise to a reasonable inference that any rightwas transferred for the purpose of avoiding the eventualsubsequent forfeiture of the property; and

(e) the claimant did all that could reasonably be expected toprevent the illegal use of the property.

Disposition of forfeited property

62. Whenever property that is not required to be destroyed andthat is not harmful to the public is forfeited under section 55 or56, the court or an enforcement agency may, in accordance withthe law

(a) retain it for official use, or transfer it to the FederalGovernment; or

(b) sell it and transfer the proceeds from such sale to theFederal Government.

Absconded person

63. (1) For the purposes of this Act, a person shall be treatedas if he had been convicted of a serious offence if the personabsconds in connection with a serious offence and any referencein this Part to the defendant shall include a reference to suchperson.




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(2) For the purposes of subsection (1), a person shall be treatedas if he had absconded in connection with a serious offence if,before or after the commencement date

(a) an investigation for a serious offence has been commencedagainst the person; and

(b) the person

(i) dies before proceedings in respect of the offencewere instituted, or if such proceedings wereinstituted, the person dies before he is convictedof the offence; or

(ii) at the end of the period of six months from thedate on which the investigation referred to inparagraph (a) was commenced against him, cannotbe found, apprehended or extradited.

Forfeiture order where person has absconded

64. Where a person is, by reason of section 63, treated as if hehad been convicted of a serious offence, a court may make aforfeiture order under this Part if the court is satisfied

(a) on the evidence adduced before it that, on the balanceof probabilities, the person has absconded; and

(b) having regard to all the evidence before the court, thatsuch evidence if unrebutted would warrant his convictionfor the offence.

Effect of death on proceedings

65. (1) Proceedings under section 64 shall be instituted or continuedagainst the personal representatives of a deceased defendant or,if there are no personal representatives, such beneficiary of theestate of the deceased defendant as may be specified by the courtupon the application of the Public Prosecutor.

(2) Where the power conferred by this Act to make an orderis to be exercised in relation to a deceased defendant, the ordershall be made against the estate of the deceased defendant.




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(3) In this section, deceased defendant means a person whodies

(a) after an investigation into a serious offence has beencommenced against him; and

(b) before proceedings in respect of the offence have beeninstituted, or if such proceedings have been instituted,before he is convicted of the offence.

(4) In this section, a reference to property or interest in propertyshall include a reference to income accruing from such propertyor interest.

Service of documents on absconders

66. Where any document is required under this Act to be servedon a person who cannot be found or who is outside Malaysiaand cannot be compelled to attend before a court in respect ofproceedings under this Act, the court may dispense with serviceof the document upon him and the proceedings may be continuedto their final conclusion in his absence.

P art VII

MISCELLANEOUS

Property tracking

67. (1) Where the competent authority or an enforcementagency, as the case may be, has reason to believe that a personis committing, has committed or is about to commit an offenceunder this Act, the competent authority or enforcement agency,as the case may be, may order

(a) that any document relevant to identifying, locating orquantifying any property, or identifying or locating anydocument necessary for the transfer of the property,belonging to, or in the possession or under the controlof that person or any other person, be delivered to it;or

(b) any person to produce information on any transactionconducted by or for that person with the first-mentionedperson.




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(2) Any person who does not comply with an order undersubsection (1) commits an offence and shall on conviction be liableto a fine not exceeding one million ringgit or to imprisonment for

a term not exceeding one year or to both, and, in the case of acontinuing offence, to a further fine not exceeding one thousandringgit for each day during which the offence continues afterconviction.

Additional powers of competent authority and enforcementagency

68. (1) For the avoidance of doubt, the functions conferred on

the competent authority or an enforcement agency under thisAct shall be in addition to its functions under any other writtenlaw.

(2) Where an enforcement agency enforcing the law underwhich a related serious offence is committed gathers evidencewith respect to any investigation relating to that offence, suchevidence shall be deemed to be evidence gathered in accordancewith this Act.

Agent provocateur

69. (1) Notwithstanding any law or rule of law to the contrary,in any proceedings against any person for an offence underthis Act, no agent provocateur, whether he is an officer of anenforcement agency or not, shall be presumed to be unworthyof credit by reason only of his having attempted to commit orto abet, or having abetted or having been engaged in a criminalconspiracy to commit, such offence if the main purpose of suchattempt, abetment or engagement was to secure evidence againstsuch person.

(2) Notwithstanding any law or rule of law to the contrary,a convict ion for any offence under this Act solely on theuncorroborated evidence of any agent provocateur shall not beillegal and no such conviction shall be set aside merely becausethe court which tried the case has failed to refer in the grounds

of its judgment to the need to warn itself against the danger ofconvicting on such evidence.




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Standard of proof

70. (1) Any question of fact to be decided by a court in

proceedings under this Act shall be decided on the balance ofprobabilities.

(2) Subsection (1) shall not apply in relation to any questionof fact that is for the prosecution to prove in any proceedingsfor an offence under this Act or any subsidiary legislation underit.

Admissibility of documentary evidence

71. Where the Public Prosecutor or any enforcement agencyhas obtained any document or other evidence in exercise of hispowers under this Act or by virtue of this Act, such documentor copy of the document or other evidence, as the case may be,shall be admissible in evidence in any proceedings under this Act,notwithstanding anything to the contrary in any written law.

Admissibility of statements by accused persons

72. (1) In any trial or inquiry by a court into an offence underthis Act, any statement, whether the statement amounts to aconfession or not or is oral or in writing, made at any time,whether before or after the person is charged and whether inthe course of an investigation or not and whether or not whollyor partly in answer to questions, by an accused person to or inthe hearing of an officer of any enforcement agency, whether ornot interpreted to him by any other officer of such enforcementagency or any other person, whether concerned or not in the

arrest of that person, shall, notwithstanding any law or rule oflaw to the contrary, be admissible at his trial in evidence and, ifthat person tenders himself as a witness, any such statement maybe used in cross-examination and for the purpose of impeachinghis credit.

(2) No statement made under subsection (1) shall be admissibleor used as provided for in that subsection if the making ofthe statement appears to the court to have been caused by anyinducement, threat or promise having reference to the chargeagainst the person, proceeding from a person in the enforcementagency and sufficient in the opinion of the court to give that person




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grounds which would appear to him reasonable for supposing thatby making it he would gain any advantage or avoid any evil ofa temporal nature in reference to the proceedings against him.

(3) Where any person is arrested or is informed that he maybe prosecuted for any offence under this Act, he shall be servedwith a notice in writing, which shall be explained to him, to thefollowing effect:

You have been arrested/informed that you may be prosecutedfor (the possible offence under this Act). Do you wish tosay anything? If there is any fact on which you intend to relyin your defence in court, you are advised to mention it now.If you hold it back till you go to court, your evidence may beless likely to be believed and this may have an adverse effecton your case in general. If you wish to mention any fact now,and you would like it written down, this will be done.

(4) Notwithstanding subsection (3), a statement by any personaccused of any offence under this Act made before there is timeto serve a notice under that subsection shall not be renderedinadmissible in evidence merely by reason of no such noticehaving been served on him if such notice has been served on himas soon as is reasonably possible after the statement is made.

(5) No statement made by an accused person in answer to awritten notice served on him pursuant to subsection (3) shallbe construed as a statement caused by any inducement, threator promise as is described in subsection (2), if it is otherwisevoluntary.

(6) Where in any criminal proceedings against a person for

an offence under this Act, evidence is given that the accused,on being informed that he might be prosecuted for it, failed tomention any such fact, being a fact which in the circumstancesexisting at the time he could reasonably have been expected tomention when so informed, the court, in determining whether theprosecution has made out a prima facie case against the accusedand in determining whether the accused is guilty of the offencecharged, may draw such inferences from the failure as appearproper; and the failure may, on the basis of those inferences, betreated as, or as capable of amounting to, corroboration of anyevidence given against the accused in relation to which the failureis material.




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(7) Not hi ng i n subs ect ion ( 6) shal l i n any cr imi nalproceedings

(a) prejudice the admissibility in evidence of the silence orother reaction of the accused in the face of anythingsaid in his presence relating to the conduct in respect ofwhich he is charged, in so far as evidence of it wouldbe admissible apart from that subsection; or

(b) be taken to preclude the drawing of any inference fromany such silence or other reaction of the accused whichcould be drawn apart from that subsection.

Admissibility of statements and documents of persons whoare dead or cannot be traced, etc .

73. Notwithstanding any written law to the contrary, in anyproceedings against any person for an offence under this Act

(a) any statement made by any person to an officer of anyenforcement agency in the course of an investigationunder this Act; and

(b) any document, or copy of any document, seized fromany person by an officer of any enforcement agency inexercise of his powers under this Act,

shall be admissible in evidence in any proceedings under this Actbefore any court, where the person who made the statement orthe document or the copy of the document is dead, or cannot betraced or found, or has become incapable of giving evidence, orwhose attendance cannot be procured without an amount of delayor expense which appears to the court unreasonable.

Admissibility of translation of documents

74. (1) Where any document which is to be used in anyproceedings against any person for an offence under this Actis in a language other than the national language or Englishlanguage, a translation of such document into the national languageor English language shall be admissible in evidence where thetranslation is accompanied by a certificate of the person whotranslated the document setting out that it is an accurate, faithfuland true translation and the translation had been done by suchperson at the instance of the Public Prosecutor or an officer ofany enforcement agency.




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(2) Subsection (1) shall apply to a document which is translated,regardless whether the document was made in or outside Malaysia,or whether the translation was done in or outside Malaysia, or

whether possession of such document was obtained by the PublicProsecutor or an officer of any enforcement agency in or outsideMalaysia.

Evidence of corresponding law or foreign law

75. (1) A document purporting to be issued by or on behalfof the government of a foreign State and purporting to state theterms of

(a) a corresponding law in force in that foreign State; or(b) a law in relation to a foreign serious offence in force in

that foreign State,

shall be admissible in evidence for the purpose of proving thematters referred to in subsection (2) in any proceedings under thisAct on its production by the Attorney General or by any personduly authorized by him in writing.

(2) A document shall be sufficient evidence

(a) if issued by or on behalf of the government of the foreignState stated in the document;

(b) that the terms of the corresponding law or the law of theforeign State are as stated in the document; and

(c) that any fact stated in the document as constituting anoffence under that law does constitute such offence.

Proof of conviction and acquittal

76. (1) For the purposes of any proceedings under this Act, thefact that a person has been convicted or acquitted of an offenceby or before any court in Malaysia or by a foreign court shallbe admissible in evidence for the purpose of proving, whererelevant to any issue in the proceedings, that he committed ordid not commit that offence, whether or not he is a party to theproceedings, and where he was convicted whether he was soconvicted upon plea of guilt or otherwise.




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(2) The court shall accept the conviction referred to in subsection(1) as conclusive unless

(a) it is subject to review or appeal that has not yet beendetermined;

(b) it has been quashed or set aside; or

(c) the court is of the view that it is contrary to the interestsof justice or the public interest to accept the convictionas conclusive.

(3) A person proved to have been convicted of an offence underthis section shall be taken to have committed the act and to havepossessed the state of mind, if any, which at law constitute thatoffence.

(4) Any conviction or acquittal admissible under this sectionmay be proved

(a) in the case of a conviction or acquittal before a courtin Malaysia, by a certificate of conviction or acquittal,signed by the Registrar of that court; or

(b) in the case of a conviction or acquittal before a foreigncourt, by a certificate or certified official record ofproceedings issued by that foreign court and dulyauthenticated by the official seal of a Minister of thatforeign State,

giving the substance and effect of the charge and of the convictionor acquittal.

Indemnity

77. No action, suit, prosecution or other proceedings shall lie orbe brought, instituted, or maintained in any court or before anyother authority against

(a) the competent authority or the relevant enforcementagency;

(b) any director or officer of the competent authority or therelevant enforcement agency, either personally or in hisofficial capacity; or




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(c) any person lawfully acting in compliance with anydirection, instruction or order of a director or officerof the competent authority or the relevant enforcement

agency,

for or on account of, or in respect of, any act done or statementmade or omitted to be done or made, or purporting to be doneor made or omitted to be done or made, in pursuance of or inexecution of, or intended pursuance of or execution of, this Actor any order in writing, direction, instruction or other thing issuedunder this Act if such act or statement was done or made, or wasomitted to be done or made, in good faith.

Service of notices

78. A letter containing a notice or other document to be servedby an enforcement agency under this Act shall be deemed to beaddressed to the proper place if it is addressed to the last knownaddress of the addressee.

Preservation of secrecy

79. (1) Except for the purpose of the performance of his dutiesor the exercise of his functions under this Act or when lawfullyrequired to do so by any court or under the provisions of anywritten law, no person shall disclose any information or matterwhich has been obtained by him in the performance of his dutiesor the exercise of his functions under this Act.

(2) No person who has any information or matter which to hisknowledge has been disclosed in contravention of subsection (1)

shall disclose that information or matter to any other person.

(3) Any person who contravenes subsection (1) or (2) commitsan offence and shall be liable on conviction to a fine not exceedingone million ringgit or to imprisonment for a term not exceedingone year or to both.

Exemptions

80. The Minister of Finance may, upon the recommendation ofthe competent authority, if he considers it consistent with thepurposes of this Act or in the interest of the public, by order




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published in the Gazette , exempt a person or class of persons fromall or any of the provisions of Part III or IV for such durationand subject to such condition as the Minister may specify.

Modifications

81. (1) The Minister of Finance may, upon the recommendationof the competent authority who shall consult with the LabuanOffshore Financial Services Authority, by order published in theGazette , provide that any provisions of this Act or part of theprovision, specified in the order, shall not apply in relation to anoffshore financial institution or shall apply with such modificationsas may be set out in the order.

(2) The terms of the order made under subsection (1) must beconsistent with the intent and purpose of this Act.

(3) In this section, modification includes amendment ,adaptation, alteration, variation, addition, division, substitutionor exclusion.

Jurisdiction

82. (1) Any offence under this Act

(a) on the high seas on board any ship or on any aircraftregistered in Malaysia;

(b) by any citizen or any permanent resident on the high season board any ship or on any aircraft; or

(c) by any citizen or any permanent resident in any place

outside and beyond the limits of Malaysia,may be dealt with as if it had been committed at any place withinMalaysia.

(2) Notwithstanding anything in this Act, no charge as to anyoffence shall be inquired into in Malaysia unless a diplomaticofficer of Malaysia, if there is one, in the territory in which theoffence is alleged to have been committed certifies that, in hisopinion, the charge ought to be brought in Malaysia; and wherethere is no such diplomatic officer, the sanction of the PublicProsecutor shall be required.




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(3) Any proceedings taken against any person under this sectionwhich would be a bar to subsequent proceedings against thatperson for the same offence if the offence had been committed

in Malaysia shall be a bar to further proceedings against himunder any written law relating to extradition or the surrender offugitive criminals in force in Malaysia in respect of the sameoffence in any territory beyond the limits of Malaysia.

(4) For the purposes of this section, the expression permanentresident has the meaning assigned by the Courts of JudicatureAct 1964 [ Act 91 ].

Power to issue guidelines, etc .

83. The competent authority may, upon consultation with therelevant supervisory authority, issue to a reporting institution suchguidelines, circulars, or notices as are necessary or expedientto give full effect to or for carrying out the provisions of thisAct and in particular for the detection or prevention of moneylaundering.

Regulations

84. (1) The Minis ter of Finance or the Minister of HomeAffairs, as the case may be, may make such regulations as arenecessary or expedient to give full effect to or for carrying outthe provisions of this Act.

(2) Without prejudice to the generality of subsection (1),

regulations may be made(a) to prescribe anything that is required or permitted to be

prescribed under this Act;

(b) to provide that any act or omission in contravention ofany provision of such regulations shall be an offence;

(c) to provide for the imposition of penalties for such offenceswhich shall not exceed a fine of one million ringgit orimprisonment for a term not exceeding one year or both;and




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(d) to provide for the imposition of an additional penaltyfor a continuing offence which shall not exceed onethousand ringgit for each day that the offence continues

after conviction.

Amendment of Schedules

85. The Minister of Finance may, by order published in theGazette , amend the First and Second Schedules.

General offence

86. Any person who contravenes

(a) any provision of this Act or regulations made under it;or

(b) any specification or requirement made, or any order inwriting, direction, instruction, or notice given, or anylimit, term, condition or restriction imposed, in the ex-ercise of any power conferred under or pursuant to anyprovision of this Act or regulations made under it,

commits an offence and shall on conviction, if no penalty isexpressly provided for the offence under this Act or the regula-tions, be liable to a fine not exceeding two hundred and fiftythousand ringgit.

Offence committed by any person acting in an officialcapacity

87. (1) Where an offence is committed by a body corporate oran association of persons, a person

(a) who is its director, controller, officer, or partner; or

(b) who is concerned in the management of its affairs,

at the time of the commission of the offence, is deemed to havecommitted that offence unless that person proves that the offencewas committed without his consent or connivance and that he

exercised such diligence to prevent the commission of the offenceas he ought to have exercised, having regard to the nature of hisfunction in that capacity and to the circumstances.




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(2) An individual may be prosecuted for an offence undersubsection (1) notwithstanding that the body corporate or asso-ciation of persons has not been convicted of the offence.

(3) Subsection (1) shall not affect the criminal liability of thebody corporate or association of persons for the offence referredto in that subsection.

(4) Any person who would have committed an offence if anyact had been done or omitted to be done by him personally com-mits that offence and shall on conviction be liable to the samepenalty if such act had been done or omitted to be done by hisagent or officer in the course of that agents business or in thecourse of that officers employment, as the case may be, unlesshe proves that the offence was committed without his knowledgeor consent and that he took all reasonable precautions to preventthe doing of, or omission to do, such act.

Offence by an individual

88. Where a person is liable under this Act to a penalty for anyact, omission, neglect or default, he shall be liable to the same

penalty for the act, omission, neglect or default of his employee,director, controller, or agent if the act, omission

act 613 anti money laundering act 2001

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