NATIONAL ANTI-FINANCIAL CRIME CENTRE ACT 2019

National Anti-Financial Crime Centre LAWS OF MALAYSIA Act 822 NATIONAL ANTI-FINANCIAL CRIME CENTRE ACT 2019 1 2 Laws of Malaysia Act 822 Date of Royal Assent ... ... 30 December 2019 Date of publication in the Gazette ... ... 31 December 2019 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). National Anti-Financial Crime Centre LAWS OF MALAYSIA Act 822 NATIONAL ANTI-FINANCIAL CRIME CENTRE ACT 2019 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title and commencement Interpretation Part II NATIONAL ANTI-FINANCIAL CRIME CENTRE 3. 4. Establishment of the National Anti-Financial Crime Centre Functions of the National Anti-Financial Crime Centre Part III ADVISORY BOARD 5. Advisory Board 7. Vacation of office 6. 8. 9. Revocation and resignation of members of the Advisory Board Disclosure of interest Functions of the Advisory Board Part IV EXECUTIVE COMMITTEE 10. 11. Executive Committee Functions of the Executive Committee 3 4 Laws of Malaysia Act 822 Part V APPOINTMENTS OF DIRECTOR GENERAL, DEPUTY DIRECTOR GENERAL AND OTHER OFFICERS OF THE NATIONAL ANTI-FINANCIAL CRIME CENTRE Section 12. 13. Appointment of Director General and Deputy Director General Appointment of other officers of the National Anti-Financial Crime Centre Part VI INTEGRATED OPERATION AND CENTRALIZED DATA SYSTEM 14. Integrated operation 16. Power to gather information 15. Centralized data system Part VII GENERAL 17. Prosecution 19. Protection against suits and legal proceedings 18. 20. 21. 22. 23. 24. 25. Obligation of secrecy Power to issue guidelines Power to amend Schedule Service of notices Public servant Public Authorities Protection Act 1948 Things done in anticipation of the enactment of this Act Schedule 5 National Anti-Financial Crime Centre LAWS OF MALAYSIA Act 822 NATIONAL ANTI-FINANCIAL CRIME CENTRE ACT 2019 An Act to provide for the establishment of the National Anti-Financial Crime Centre, the coordination of integrated operation relating to financial crime amongst Government Entities and enforcement agencies and the management of centralized data system, and for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the National Anti-Financial Crime Centre Act 2019. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act. 6 Laws of Malaysia Act 822 Interpretation 2. In this Act, unless the context otherwise requires— “enforcement agency” includes any department of any ministry, body or agency that is for the time being conferred with enforcement powers under any written laws relating to financial crime; “document” has the same meaning assigned to it under the Evidence Act 1950 [Act 56]; “Government Entity” includes any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or unincorporated, of the Federal Government, whether established under written law or otherwise; “Executive Committee” means the Executive Committee established under subsection 10(1); “financial crime” means the offences listed in the Schedule; “Director General” and “Deputy Director General” means the Director General and Deputy Director General of the National Anti-Financial Crime Centre appointed under subsections 12(1) and (2) respectively; “Advisory Board” means the Advisory Board established under subsection 5(1). Part II NATIONAL ANTI-FINANCIAL CRIME CENTRE Establishment of the National Anti-Financial Crime Centre 3. A centre by the name of the “National Anti-Financial Crime Centre” is established. National Anti-Financial Crime Centre 7 Functions of the National Anti-Financial Crime Centre 4. The National Anti-Financial Crime Centre shall have the following functions: (a) to coordinate and collaborate in integrated operation with the enforcement agencies in matters relating to financial crime and to advise the enforcement agencies in related matters; (b) to establish, administer and maintain a centralized data system relating to financial crime, in order to provide support for the integrated operation and to transmit information in the centralized data system to other Government Entities or enforcement agencies; and (c) to carry out activities relating to the prevention of financial crime. Part III ADVISORY BOARD Advisory Board 5. (1) An Advisory Board is established for the purpose of this Act. (2) The Advisory Board shall consist of the following members: (a) a Chairman; (b) the Director General; and (c) not more than five other members as appointed by the Yang di-Pertuan Agong, on the advice of the Prime Minister. (3) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint the Chairman of the Advisory Board on such terms and conditions as may be specified in his instrument of appointment. 8 Laws of Malaysia Act 822 (4) The Chairman of the Advisory Board shall hold office for a term not exceeding three years after which he shall be eligible to be reappointed upon the expiry of his term of office. (5) The other members of the Advisory Board appointed under paragraph (2)(c) shall hold office for a term not exceeding three years after which they shall be eligible to be reappointed upon the expiry of their term of office. (6) In advising the Yang di-Pertuan Agong on the appointment of the Chairman of the Advisory Board and the other members under paragraph (2)(c), the Prime Minister shall have regard to— (a) the person’s probity and standing; (b) the academic qualifications, knowledge, skill and experience of the person in banking, economic, finance, asset management, taxation, prosecution, investigation, law or other matters as the Prime Minister deems fit; and (c) the likelihood of any conflict between the interest of the National Anti-Financial Crime Centre and any interest which that person has or represents. (7) The Advisory Board shall determine its own meeting procedure. Revocation and resignation of members of the Advisory Board 6. (1) The appointment of the Chairman of the Advisory Board and the other members appointed under paragraph 5(2)(c) may, at any time, be revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister. (2) The Chairman of the Advisory Board and the other members appointed under paragraph 5(2)(c) may, at any time, resign their office by giving a written notice addressed to the Yang di-Pertuan Agong. National Anti-Financial Crime Centre 9 Vacation of office 7. The office of a member of the Advisory Board shall be vacated if— (a) he has been convicted of a criminal offence involving dishonesty or of any criminal offence for which he has been sentenced to imprisonment; (b) he becomes a bankrupt; (c) he becomes involved in any activity which may interfere with his independence in discharging his duties; or (d) he is of unsound mind or is otherwise incapable of discharging his duties. Disclosure of interest 8. (1) A member of the Advisory Board who has or acquires a direct or indirect interest by himself, through a member of his family or his associate in relation to any matter under discussion by the Advisory Board, shall disclose to the Advisory Board, the fact of his interest and the nature of that interest. (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Advisory Board in which the matter is discussed and after the disclosure, that member— (a) shall not be present or take part in any discussion or decision of the Advisory Board about the matter; and (b) shall be disregarded for the purpose of constituting a quorum of the Advisory Board when the matter is discussed or decided upon. (3) A member of the Advisory Board who fails to disclose his interest as provided under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both. 10 Laws of Malaysia Act 822 (4) No act or decision of the Advisory Board shall be rendered invalid on the ground of the contravention by a member under subsection (3). Functions of the Advisory Board 9. The Advisory Board shall have the following functions: (a) to advise the Prime Minister on any aspect relating to financial crime; (b) to advise the National Anti-Financial Crime Centre on its strategic direction and plan; (c) to deliberate and decide on the recommendation made by the Executive Committee on any matter relating to financial crime; and (d) t o f a c i l i t a t e t h e c o o p e r a t i o n b e t w e e n t h e National Anti-Financial Crime Centre, the Government Entities and enforcement agencies for the prevention of financial crime. Part IV EXECUTIVE COMMITTEE Executive Committee 10. (1) A committee to be known as the Executive Committee is established for the purpose of this Act. (2) The Executive Committee shall consist of the following members: (a) the Director General as Chairman; (b) the Deputy Director General as Deputy Chairman; (c) the Public Prosecutor or his representative; and National Anti-Financial Crime Centre 11 (d) any director of investigation or director of investigation of money laundering from an enforcement agency, or other officer of the similar position for any other Government Entity as appointed by the Director General. (3) The appointment made under paragraph (2)(d) by the Director General shall be on such terms and conditions as may be specified in the instrument of appointment. (4) The Executive Committee shall determine its own meeting procedure. (5) The Executive Committee may invite any person to attend its meetings to advise the Executive Committee on any matter. Functions of the Executive Committee 11. The Executive Committee shall have the following functions: (a) to determine the direction of the National Anti-Financial Crime Centre in preventing financial crimes; (b) to approve and monitor any integrated operation; (c) to make recommendations to the Advisory Board on matters relating to the prevention of financial crime; (d) to determine the operational policies relating to integrated operation and the centralized data system and to provide consultation on the guidelines for the National Anti-Financial Crime Centre; (e) to develop the strategic direction and plan of the National Anti-Financial Crime Centre; (f) to ensure the implementation of the advice of the Advisory Board; and (g) to execute any other function that is necessary or expedient to give full effect to or for carrying out the provisions of this Act. 12 Laws of Malaysia Act 822 Part V APPOINTMENTS OF DIRECTOR GENERAL, DEPUTY DIRECTOR GENERAL AND OTHER OFFICERS OF THE NATIONAL ANTI-FINANCIAL CRIME CENTRE Appointment of Director General and Deputy Director General 12. (1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Director General of the National Anti-Financial Crime Centre who shall head the National Anti-Financial Crime Centre on such terms and conditions as may be specified in the instrument of appointment. (2) The Prime Minister shall appoint a Deputy Director General of the National Anti-Financial Crime Centre on such terms and conditions as may be specified in the instrument of appointment. (3) The Director General and Deputy Director General appointed under subsections (1) and (2), respectively, shall hold office for a period not exceeding three years and i