ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 613 ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001 As at 1 July 2022 This text is ONLY AN UPDATED TEXT of the Anti-Money Laundering, Anti-Terrorism Financing and Proseeds of Unlawful Activities Act 2001 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001 … … … … 25 June 2001 Date of Royal Assent Date of publication in the Gazette … … … … 5 July 2001 Latest amendment made by P.U. (A) 493/2021 which came into operation on … … … … 31 December 2021 PREVIOUS REPRINTS First Reprint … … … 2002 Second Reprint … … … 2006 Third Reprint … … … 2008 Fourth Reprint … … … 2018 3 LAWS OF MALAYSIA Act 613 ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Application 3. Interpretation PART II MONEY LAUNDERING OFFENCES 4. Offence of money laundering 4A. Offence of structuring transactions to evade reporting requirement 5. Protection of informers and information 6. Restriction on revealing disclosure under section 5 PART III FINANCIAL INTELLIGENCE 7. Functions of the competent authority 8. Provisions relating to the competent authority 9. Authorization to release information 4 Laws of Malaysia ACT 613 Section 10. Disclosure to corresponding authority of foreign State 11. Prohibited disclosure 12. Permitted disclosure 12A. Prescription of additional financial institutions PART IV REPORTING OBLIGATIONS 13. Record-keeping by reporting institutions 14. Report by reporting institutions 14A. Prohibition against disclosure of reports and related information 15. Centralization of information 16. Customer due diligence 17. Retention of records 18. Opening of account or conducting business relationship, transaction or activity in fictitious, false or incorrect name 19. Compliance programme 20. Secrecy obligations overridden 21. Obligations of supervisory or licensing authority 22. Powers to enforce compliance 23. (Deleted) 24. Protection of persons reporting 25. Examination of a reporting institution 26. Examination of person other than a reporting institution 27. Appearance before examiner 28. (Deleted) PART IVA CROSS BORDER MOVEMENTS OF CASH AND BEARER NEGOTIABLE INSTRUMENTS 28A. Interpretation in relation to this Part Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities 5 Section 28B. Persons leaving or entering Malaysia with cash or bearer negotiable instrument 28C. Movement of cash or bearer negotiable instruments by post, etc. 28D. Exceptions to requirement to make declaration 28E. Declaration about receipts of cash or bearer negotiable instruments from outside Malaysia 28F. Declaration to competent authority 28G. Structuring to avoid declaration under this Part 28H. Questioning and search powers in relation to cash or bearer negotiable instruments 28I. Power of arrest without warrant 28J. Submission of information to competent authority 28K. Declaration under this Part deemed to be a declaration in a matter relating to customs 28L. Forfeiture of detained cash or bearer negotiable instruments PART V INVESTIGATION 29. Investigation by competent authority and enforcement agencies 30. Appointment of investigating officer 31. Powers of an investigating officer 32. Power to examine persons 33. Search of a person 34. Obstruction to exercise of powers by an investigating officer 35. Tipping-off 36. Requirement to provide translation 37. Delivery of property, document or information 38. Detention of property, document or information 39. Release of property, document or information detained 6 Laws of Malaysia ACT 613 Section 40. Statement to be admissible 41. Investigating officer may arrest without warrant 42. Arrested person to be made over to the police officer 43. Investigating officer deemed to be public servant and public officer PART VI FREEZING, SEIZURE AND FORFEITURE 44. Freezing of property 44A. Variation or revocation of order to freeze property 45. Seizure of movable property 46. Further provisions relating to seizure of movable property 47. Advocates and solicitors to disclose information 48. Investigation powers in relation to a financial institution 49. Public Prosecutor’s powers to obtain information 50. Seizure of movable property in financial institution 51. Seizure of immovable property 52. Special provisions relating to seizure of a business 52A. Expiry of seizure order 53. Prohibition of dealing with property outside Malaysia 54. Dealing with property after seizure to be void 55. Forfeiture of property upon prosecution for an offence 56. Forfeiture of property where there is no prosecution 56A. Forfeiture order not to be affected by acquittal 57. Validity of freeze, seizure or sale 58. Vesting of forfeited property in the Federal Government 59. Pecuniary orders 60. Release of property seized 61. Bona fide third parties 62. Disposition of forfeited property 63. Absconded person Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities 7 Section 64. Forfeiture order where person has absconded 65. Effect of death on proceedings 66. Service of documents on absconders PART VIA SUPPRESSION OF TERRORISM FINANCING OFFENCES AND FREEZING, SEIZURE AND FORFEITURE OF TERRORIST PROPERTY 66A. Interpretation in relation to this Part 66B. Declaration of specified entities 66C. Orders for implementation of measures to give effect to Security Council resolutions 66D. Minister’s power to obtain information 66E. Directions and guidelines to discharge Government’s international obligations 66F. Savings for orders made under the Exchange Control Act 1953 and the Labuan Financial Services Authority Act 1996 PART VII MISCELLANEOUS 67. Property tracking 68. Additional powers of competent authority and enforcement agency 69. Agent provocateur 70. Standard of proof 71. Admissibility of documentary evidence 72. Admissibility of statements by accused persons 73. Admissibility of statements and documents of persons who are dead or cannot be traced, etc. 74. Admissibility of translation of documents 75. Evidence of corresponding law or foreign law 75A. Stay of proceeding 8 Laws of Malaysia ACT 613 Section 76. Proof of conviction and acquittal 77. Indemnity 78. Service of notices or orders 79. Preservation of secrecy 80. Exemptions 81. Modification 82. Jurisdiction 83. Power to issue guidelines, etc. 84. Regulations 85. Amendment of Schedules 86. General offence 86A. Attempts, abetments and criminal conspiracies 87. Offence committed by any person acting in an official capacity 88. Offence by an individual 89. Falsification, concealment and destruction of document, etc. 90. Seizable offence 91. Joinder of offences 91A. Particulars of charge 92. Power of competent authority to compound offences 93. Prosecution FIRST SCHEDULE SECOND SCHEDULE 9 LAWS OF MALAYSIA Act 613 *ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001 An Act to provide for the offence of money laundering, the measures to be taken for the prevention of money laundering and terrorism financing offences and to provide for the forfeiture of property involved in or derived from money laundering and terrorism financing offences, as well as terrorist property, proceeds of an unlawful activity and instrumentalities of an offence, and for matters incidental thereto and connected therewith. [15 January 2002, P.U. (B) 15/2002] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the *Anti-Money Laundering, AntiTerrorism Financing and Proceeds of Unlawful Activities Act 2001. (2) This Act comes into operation on a date to be appointed by the Minister of Finance by notification in the Gazette.  *NOTE—Previously known as the Anti-Money Laundering and Anti-Terrorism Financing Act 2001. Change in short title vide section 3 of the Anti-Money Laundering and Anti-Terrorism Financing (Amendment) Act 2014 [Act A1467] which comes into operation on 1 September 2014–see P.U. (B) 400/2014. 10 Laws of Malaysia ACT 613 Application 2. (1) This Act shall apply to any serious offence, foreign serious offence or unlawful activity whether committed before or after the commencement date. (2) This Act shall apply to any property, whether it is situated in or outside Malaysia. (3) Nothing in this Act shall impose any duty or confer any power on any court in or in connection with any proceedings under this Act against a person for a serious offence in respect of which he has been convicted by a court before the commencement date. Interpretation 3. (1) In this Act, unless the context otherwise requires— “enforcement agency” includes a body or agency that is for the time being responsible in Malaysia for the enforcement of laws relating to the prevention, detection and investigation of any serious offence; “accounts” includes records of any financial transactions conducted by any reporting institution listed in the First Schedule; “unlawful activity” means— (a) any activity which constitutes any serious offence or any foreign serious offence; or (b) any activity which is of such a nature, or occurs in such circumstances, that it results in or leads to the commission of any serious offence or any foreign serious offence, regardless whether such activity, wholly or partly, takes place within or outside Malaysia; Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities 11 “Bank Negara Malaysia” means the Central Bank of Malaysia established by the Central Bank of Malaysia Act 2009 [Act 701]; “thing” includes material; “specify” means specify in writing, and a power to specify includes the power to specify differently for different persons or different classes of persons and to amend any specification; “prescribed” means prescribed by regulations made under this Act, and a power to prescribe includes the power to make different provisions in the regulations for different persons or classes of persons; “document” has the same meaning as in the Evidence Act 1950 [Act 56]; “constituent document”, in relation to an institution, means the statute, charter, memorandum of association and articles of association, rules and by-laws, partnership agreement, or other instrument, under or by which the institution is established and its governing and administrative structure and the scope of its functions and business are set out, whether contained in one or more documents; “proceeds of an unlawful activity” means any property, or any economic advantage or economic gain from such property, within or outside Malaysia— (a) which is wholly or partly— (i) derived or obtained, directly or indirectly, by any person from any unlawful activity; (ii) derived or obtained from a disposal or other dealings with the property referred to in subparagraph (i); or (iii) acquired using the property derived or obtained by any person through any disposal or other dealings referred to in subparagraph (i) or (ii); or 12 Laws of Malaysia ACT 613 (b) which, wholly or partly, due to any circumstances such as its nature, value, location or place of discovery, or to the time, manner or place of its acquisition, or the person from whom it was acquired, or its proximity to other property referred to i