Malaysia legislation
Section 39
of ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING (AMENDMENT) ACT 2014
Section 39
The principal Act is amended by inserting after section 44
the following section:
“Variation or revocation of order to freeze property 44a. (1) An order to freeze property issued under section 44
may be varied or revoked by the enforcement agency that issued the order—
(a)
where an officer senior in rank to the officer who issued the order is satisfied that such property is not liable to seizure under this Act; or
(b)
on the application of the person named or described in the order.
(2)
For the purpose of paragraph (1)(a), where an officer senior in rank to the officer who issued the order is satisfied that such property is not liable to seizure under this Act, he may vary the order in accordance with paragraph (4)(a) or revoke the order.
(3)
For the purpose of paragraph (1)(b), an application shall be made in writing to the enforcement agency specifying the grounds on which the variation or revocation of the order is sought and, on receipt, shall be dealt with by an officer senior in rank to the officer who issued the order.
(4)
On consideration of an application under paragraph
(1)
, the senior officer concerned may—
(a)
vary the order with regard to—
(i)
the duration of the order;
(ii)
the payment of debts incurred in good faith and due to a creditor before the making of the order under section 44; or
(iii)
the provision of an allocation for reasonable subsistence and other expenses of that person, his family or employees;
(b)
revoke such order; or
(c)
refuse the application on the ground that there is reasonable suspicion that the property is—
(i)
the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(ii)
terrorist property;
(iii)
the proceeds of an unlawful activity; or
(iv)
the instrumentalities of an offence.
(5)
Where the senior officer concerned varies or revokes the order under subsection (2) or (4), he shall release the property or any part thereof as may be relevant to the person named or described in the order.
(6)
The officer effecting any release of any property under this section shall make a record in writing in respect of such release specifying in the record in detail the circumstances of, and the reason for, such release, and he shall send a copy of such record to the Public Prosecutor forthwith.
(7)
The release of any property under this section does not affect the power of the Public Prosecutor under this Act to seize the property subsequently if the Public Prosecutor is satisfied that the property is—
(a)
the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
Anti-Money Laundering and Anti-Terrorism
Financing (Amendment)
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
(d)
the instrumentalities of an offence.”.
Amendment of section 45