Malaysia legislation
Section 2
of MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) ACT 2024
Section 2
The Mutual Assistance in Criminal Matters Act 2002 [Act 621], which is referred to as the “principal Act” in this Act, is amended—
(a)
in subsection 2(1)—
(i)
by substituting for the definition of “financial institution” the following definition:
MUTUAL ASSISTANCE IN CRIMINAL MATTERS
(AMENDMENT) ACT 2024
‘ “financial institution” means—
(a)
a licensed bank, licensed insurer and licensed investment bank under the
Financial Services Act 2013 [Act 758];
(b)
a licensed international Islamic bank, licensed international takaful operator, licensed Islamic bank and licensed takaful operator under the Islamic Financial
Services Act 2013 [Act 759];
(c)
a prescribed institution under the
Development Financial Institutions
Act 2002 [Act 618];
(d)
a licensee under the Money Services
Business Act 2011 [Act 731];
(e)
a person licensed or registered under the Capital Markets and Services
Act 2007 [Act 671];
(f)
a central depository under the Securities
Industry (Central Depositories) Act 1991
[Act 453];
(g)
a bank licensee, an insurance licensee, a securities licensee and any licensed entity under the Labuan Financial Services and Securities Act 2010 [Act 704]; and
(h)
an Islamic bank licensee, a takaful licensee, an Islamic securities licensee and any licensed entity under the Labuan Islamic
Financial Services and Securities
Act 2010 [Act 705];’;
(ii)
by deleting the definition of “offshore financial institution”;
Mutual Assistance in Criminal Matters (Amendment)
(iii)
by substituting for the definition of
“serious offence” the following definition:
‘ “serious offence” means—
(a)
an offence against the laws of Malaysia in respect of which the punishment provided by the law is imprisonment for a period of at least one year, or a more severe punishment; or
(b)
any attempt, abetment or conspiracy to commit any of the offences referred to in paragraph (a);’;
(iv)
in the definition of “foreign serious offence”
by substituting for paragraph (a) the following paragraph:
“(a) against the laws of a prescribed foreign
State in respect of which the punishment provided by the law is imprisonment for a period of at least one year, or a more severe punishment; and”;
(v)
in the definition of “authorized officer”
in paragraph (d), by substituting for the words
“Anti-Corruption Agency” the words
“Malaysian Anti-Corruption Commission”;
(vi)
by inserting after the definition of “foreign law immunity certificate” the following definition:
‘ “instrumentalities” means—
(a)
any thing which is used in, or in connection with, the commission of any serious offence or foreign serious offence; or
(b)
any property which is wholly or partly used in, or in connection with, the commission of any serious offence or foreign serious offence, whether the thing or property is situated within or outside Malaysia;’;
(vii)
in the definition of “forfeiture order” by inserting after the word “property” the words
“or instrumentalities”;
(viii)
in the definition of “foreign forfeiture order”—
(A)
in paragraph (a), by deleting the word
“or” at the end of that paragraph;
(B)
in paragraph (b), by substituting for the comma at the end of that paragraph the words “; or”;
(C)
by inserting after paragraph (b)
the following paragraph:
“(c) instrumentalities or the value of such instrumentalities;”; and
(D)
by deleting the words “that is made on or after the date of the order under subsection 17(1) declaring a foreign State as a prescribed foreign State comes into force or on or after the date of the special direction given by the Minister in respect of a foreign State under section 18;”; and
(ix)
in the definition of “ancillary criminal matter”, in paragraph (a), by inserting after the word
“property” the words “or instrumentalities”; and
Mutual Assistance in Criminal Matters (Amendment)
(b)
in subsection 2(3)—
(i)
by substituting for the words “that are criminal proceedings are” the words “in a prescribed foreign State are”;
(ii)
by substituting for paragraph (a) the following paragraph:
“(a) instituted when any action is brought in court against a person in relation to a foreign serious offence;”; and
(iii)
in subparagraph (b)(vi), by inserting after the word
“property” the words “or instrumentalities”.
Amendment of section 3